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Real Estate Dictionary

What Happens if a Tenant Files Chapter 11 During the Eviction Process?

If a tenant files Chapter 11 bankruptcy during the eviction process, the automatic stay halts eviction proceedings unless the landlord obtains court approval to lift the stay, particularly if the tenant fails to pay post-bankruptcy rent or rejects the lease.

January 11, 2025

The Most Common Code Violations in Multifamily

Common code violations in multifamily properties involve issues with fire safety, electrical and plumbing systems, structural integrity, accessibility, health and sanitation, energy efficiency, safety equipment, maintenance, and zoning regulations, which can lead to safety hazards and legal repercussions.

January 11, 2025

What is the 1031 Exchange 5-Year Rule?

If you convert a property acquired through a 1031 exchange into your primary residence, you must own it for at least 5 years (from the exchange date) and meet the usual 2-out-of-5-year occupancy requirement before you can claim the homeowner capital-gains exclusion.

January 11, 2025

What is a Certificate of Occupancy in Real Estate?

A Certificate of Occupancy is a local government-issued document confirming that a property meets all relevant building codes, zoning regulations, and safety standards, and is therefore legally fit for occupancy.

January 11, 2025

Can You Use a 401k Loan for an Investment Property?

You may be able to use a 401(k) loan for an investment property if your plan allows it, but there are both potential benefits and risks like opportunity costs, strict repayment requirements (especially if you lose or leave your job), and reduced long-term retirement security before proceeding. Here's a quick overview.

January 11, 2025

Can You Get Out of a Lease Before it Starts?

While a signed lease is typically binding even before its start date, you may be able to negotiate or legally terminate it by reviewing the lease’s terms, communicating with your landlord, and following any applicable state or local laws.

January 11, 2025

Which States Have the Most and Least Friendly HOA Regulations?

States like Florida, Arizona, Nevada, and Texas generally grant HOAs broader enforcement powers, whereas California, Colorado, North Carolina, and Connecticut place stricter limits on HOA authority and emphasize homeowner protections.

January 11, 2025

What Can a Landlord Deduct from a Security Deposit?

A landlord can typically deduct unpaid rent and fees, damages beyond normal wear and tear, excessive cleaning costs, and any other authorized charges specified in the lease, provided such deductions comply with state or local laws.

January 11, 2025

How is Student Housing Different from Conventional Multifamily?

Student housing targets a younger, academic-driven demographic with by-the-bed leases, seasonal turnover, and specialized amenities, whereas conventional multifamily caters to a broader population with per-unit leases, steadier year-round occupancy, and more generalized management.

January 11, 2025

How to do a Tenant Eviction Search

When performing a tenant eviction search, make sure to obtain proper consent and then use public court records or FCRA-compliant screening services to verify eviction history accurately, ensuring adherence to fair housing, privacy, and all pertinent state or local regulations.

January 11, 2025
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