WEBVTT 1 00:00:00.520 --> 00:00:05.839 Yea ripped. 2 00:00:07.480 --> 00:00:13.839 News need advice, so you don't have come running just 3 00:00:13.919 --> 00:00:20.199 as as you can. Shooter's gonna help come. Man Dix 4 00:00:20.640 --> 00:00:27.640 is the Troubleshooter Show. No Tom Martinez, Hey Tom Martino here, 5 00:00:27.719 --> 00:00:30.000 Welcome to the show. Three oh three seven one three 6 00:00:30.000 --> 00:00:34.679 eight two five five. We're solving problems, answering questions, taking complaints. 7 00:00:35.039 --> 00:00:37.880 And we had a call earlier in the show and 8 00:00:37.920 --> 00:00:41.479 a woman was calling about harassment at an apartment how 9 00:00:41.560 --> 00:00:44.799 she said, look, they're bothering me. I'm on Section eight. 10 00:00:44.880 --> 00:00:46.920 Section eight's paying my rent, but they want to get 11 00:00:46.960 --> 00:00:48.960 me out of here. They gave me a notice of 12 00:00:49.000 --> 00:00:52.119 non complaint, excuse me, a notice of non renewal ninety 13 00:00:52.200 --> 00:00:54.759 days ago, and then I just got another notice of 14 00:00:55.000 --> 00:00:58.799 non compliance which gives me three days. I'm supposed to 15 00:00:58.840 --> 00:01:02.399 be out of here tomorrow. And we had our attorney, 16 00:01:02.399 --> 00:01:05.400 Brad O'Brien who's with us today. Brad O'Brien is Well 17 00:01:05.439 --> 00:01:08.680 Brian Legal Services, a real estate law firm and helps 18 00:01:08.680 --> 00:01:11.920 with real estate issues. He said that obviously they would 19 00:01:11.920 --> 00:01:14.519 have to prove it and she'll get her day in court, 20 00:01:14.799 --> 00:01:17.519 but if she's not out of there, they will probably 21 00:01:18.040 --> 00:01:21.280 do an eviction. But she doesn't literally have to be 22 00:01:21.359 --> 00:01:24.079 out the door tomorrow. That's just when they gave her 23 00:01:24.120 --> 00:01:28.280 notice to and then if she doesn't leave, most likely 24 00:01:28.680 --> 00:01:34.920 the landlord will start eviction proceedings. So Christy, what is 25 00:01:34.959 --> 00:01:39.879 your additional question about eviction itself? And real quick? Hold on, 26 00:01:39.920 --> 00:01:40.280 hold on. 27 00:01:40.400 --> 00:01:43.959 I wanted Brad to explain kind of why they are 28 00:01:44.000 --> 00:01:46.040 evicting or what they're reasoning is. 29 00:01:46.719 --> 00:01:49.799 I looked at the actual notice of to terminate the 30 00:01:49.840 --> 00:01:52.519 tendency and a little trying to evict her three different ways. 31 00:01:52.680 --> 00:01:55.079 One of them we can rule that right away. One 32 00:01:55.159 --> 00:01:58.200 is weak, and one probably has a decent chance of prevailing. 33 00:01:58.599 --> 00:02:00.519 So with the one we can go through them. 34 00:02:00.599 --> 00:02:01.040 Yeah, okay. 35 00:02:01.120 --> 00:02:05.040 Number one, the substantial violation based on her allegedly harassing 36 00:02:05.120 --> 00:02:09.439 office the office staff under the substantial violation statute. The 37 00:02:09.479 --> 00:02:12.360 substantial violation statute is to terminated the lease early for 38 00:02:12.439 --> 00:02:16.479 something that is criminal conduct, and just mere harassment of 39 00:02:16.479 --> 00:02:18.639 the office staff won't arise to that level. 40 00:02:19.080 --> 00:02:19.280 Now. 41 00:02:19.520 --> 00:02:22.360 Secondly, is harassment of the office staff based on some 42 00:02:23.159 --> 00:02:26.400 lease provision, some no nuisance lease provision, if it's in there. 43 00:02:27.280 --> 00:02:29.159 I don't know that, I haven't reviewed the lease, but 44 00:02:29.199 --> 00:02:33.400 if the lease says you can't harass landlord or other tenants. 45 00:02:33.719 --> 00:02:36.280 Then potentially they could use that one to say that 46 00:02:36.319 --> 00:02:39.240 it's the breach of the lease, and that's a question 47 00:02:39.280 --> 00:02:41.120 of fact. That's a hard one to prove up in court. 48 00:02:41.159 --> 00:02:44.800 That's why I say that's a weak claim. And also 49 00:02:44.879 --> 00:02:50.560 judges are probably reluctant to grant eviction on some heated 50 00:02:50.599 --> 00:02:54.759 discussion in the office when this Christie probably can tell 51 00:02:54.759 --> 00:02:57.000 you why where she was coming from, and probably can 52 00:02:57.000 --> 00:02:59.520 explain that it wasn't as bad as they're saying. The one, 53 00:03:00.080 --> 00:03:02.840 the third reason why they're trying to evict her that 54 00:03:02.919 --> 00:03:06.159 has the better chance of prevailing is she didn't She 55 00:03:06.319 --> 00:03:08.800 apparently didn't pay the full deposit that was due under 56 00:03:08.840 --> 00:03:13.199 the lease. And that's a hard requirement. That's easy to prove. 57 00:03:13.560 --> 00:03:14.639 That's money that's due. 58 00:03:17.479 --> 00:03:23.000 Okay, Now that that's non compliance, right That that meaning 59 00:03:23.599 --> 00:03:25.879 it's a breach of the contract for not paying the 60 00:03:25.879 --> 00:03:27.159 full deposit, Is that right? 61 00:03:27.280 --> 00:03:27.479 Yeah? 62 00:03:27.479 --> 00:03:30.439 They can give her a ten day notice on not 63 00:03:30.520 --> 00:03:33.120 paying the full security deposit. That's this isn't quite the 64 00:03:33.199 --> 00:03:36.639 same ten day notice. It's not how it's drafted. So 65 00:03:36.879 --> 00:03:42.479 a judge could could it could you know use that 66 00:03:42.520 --> 00:03:45.039 as a technicality to make it make the landlords start over. 67 00:03:45.120 --> 00:03:47.759 But another judge might just say this, you've been given 68 00:03:47.800 --> 00:03:50.240 the ten days notice to pay the security deposit and 69 00:03:50.280 --> 00:03:50.599 you didn't. 70 00:03:50.639 --> 00:03:53.439 Okay, So Christy, before you start, and I know she's 71 00:03:53.439 --> 00:03:55.680 going to start on a very long diet tribe about 72 00:03:55.719 --> 00:03:59.159 the security deposit. But we narrowed it down and here 73 00:03:59.199 --> 00:04:02.120 here's what you need, Christie. Number one. He is saying 74 00:04:02.560 --> 00:04:10.960 the two substantial violations will probably not hold up for 75 00:04:11.560 --> 00:04:14.719 the for the criminal activity. Okay, but he said they 76 00:04:14.719 --> 00:04:18.720 do have a shot at evicting you for non payment 77 00:04:19.279 --> 00:04:22.279 of the full deposit. Now go about and tell your 78 00:04:22.319 --> 00:04:23.720 creep deposit story. 79 00:04:25.800 --> 00:04:29.079 We have been paying it one hundred dollars a month, 80 00:04:29.160 --> 00:04:32.680 spent the incident where he was like, oh, lets you do, 81 00:04:32.759 --> 00:04:35.360 but I don't think you'll be successful at it, And 82 00:04:35.399 --> 00:04:37.800 I was like, I'm always successful, no matter how broke 83 00:04:37.879 --> 00:04:40.519 I am. I do this. So I'm paying it and 84 00:04:40.519 --> 00:04:43.120 every time I pay, like three hundred dollars down, he 85 00:04:43.199 --> 00:04:46.000 puts two hundred dollars under ledger, and so I started 86 00:04:47.120 --> 00:04:50.279 documenting by taking screenshots. Every time I made a payment, 87 00:04:51.279 --> 00:04:54.240 he would put something new, like he charged me two 88 00:04:54.279 --> 00:04:56.160 hundred dollars for the mice. 89 00:04:56.199 --> 00:05:00.639 That okay, But but you understand something. What we're what 90 00:05:00.839 --> 00:05:03.879 We're not here to try your case. We're not here 91 00:05:03.920 --> 00:05:06.439 to try your case. But it is very possible when 92 00:05:06.439 --> 00:05:10.000 you go to court, it is very possible the judge 93 00:05:10.040 --> 00:05:11.879 is going to rule in their favor. That's what more 94 00:05:11.920 --> 00:05:12.600 were you going to say? 95 00:05:12.959 --> 00:05:15.519 So it sounds here like the least says that this 96 00:05:15.600 --> 00:05:18.199 large amount of money is due as security deposit upfront. 97 00:05:18.519 --> 00:05:20.120 However, that sounds like also. 98 00:05:19.920 --> 00:05:22.680 The landlord modified that written lease requirement by giving her 99 00:05:22.680 --> 00:05:26.279 a payment plan, and she is more or less faithful 100 00:05:26.279 --> 00:05:27.399 with the payment plan so far. 101 00:05:28.040 --> 00:05:30.360 So that's her that's her argument for the judge. That's 102 00:05:30.360 --> 00:05:30.920 her defense. 103 00:05:31.079 --> 00:05:31.319 Yep. 104 00:05:33.639 --> 00:05:34.600 Yeah, she paid. 105 00:05:34.399 --> 00:05:37.399 Eighteen hundred dollars for fifteen hundred dollars in coverage. But 106 00:05:37.560 --> 00:05:40.040 every since that day, I've been putting money on the 107 00:05:40.120 --> 00:05:41.839 ledger until you locked it. 108 00:05:42.199 --> 00:05:44.319 So I can't make you're just going to go You're 109 00:05:44.360 --> 00:05:47.079 going to go through that with the judge. I mean, 110 00:05:47.120 --> 00:05:49.079 that's that's going to be your day in court. Like 111 00:05:49.120 --> 00:05:50.680 we've said numerous times. 112 00:05:53.279 --> 00:05:55.199 I'm fine with that. I just don't think it's fair 113 00:05:55.240 --> 00:05:56.360 that they're doing that. 114 00:05:57.720 --> 00:05:59.759 But that's what the judge is for. What do you mean? 115 00:05:59.800 --> 00:06:01.360 But what do you mean by that? What do you 116 00:06:01.399 --> 00:06:01.839 mean by that? 117 00:06:03.800 --> 00:06:06.360 Okay, So a cabinet fell out of my last house 118 00:06:06.759 --> 00:06:07.240 and I. 119 00:06:07.240 --> 00:06:08.240 Put it on therrelevant. 120 00:06:08.319 --> 00:06:10.240 None of that, None of that has anything to do 121 00:06:10.319 --> 00:06:11.959 with what's going on right now, though. 122 00:06:13.519 --> 00:06:15.879 I sent you guys more emails to show you why 123 00:06:15.920 --> 00:06:21.639 it's relevant. Both companies have conjoints together, my last landlord 124 00:06:21.680 --> 00:06:24.560 and my new landlord, and once they did that, that's 125 00:06:24.560 --> 00:06:28.120 when they started racing. I've been paying it every month. 126 00:06:28.199 --> 00:06:30.319 Old, what do you mean you had you didn't have 127 00:06:30.360 --> 00:06:32.839 two different landlords. You're in the same place. 128 00:06:35.079 --> 00:06:38.519 I'm shaying. My last my last location was under a 129 00:06:38.560 --> 00:06:43.040 different real estate agency and the new one as they 130 00:06:43.079 --> 00:06:46.480 are conjointed as of November there. 131 00:06:46.720 --> 00:06:49.480 But what difference does that make? It all comes down 132 00:06:49.560 --> 00:06:53.240 to whether you owe the money or not. Christy. I don't. 133 00:06:53.720 --> 00:06:56.480 I don't, But they're trying to hurt me because I 134 00:06:56.600 --> 00:07:00.160 told on them. I'm an activist like you. 135 00:07:00.160 --> 00:07:05.399 Look okay, okay, Christy, Christy now found the wrong because 136 00:07:05.399 --> 00:07:08.439 you're fighting the wrong battles, You're gonna have your chance. 137 00:07:08.279 --> 00:07:11.199 Exactly to prove to the judge exactly what you've been doing. 138 00:07:11.279 --> 00:07:14.000 Exactly what Brad said. They modified it. 139 00:07:14.040 --> 00:07:17.199 They've been taking payments from you. You prove that to 140 00:07:17.279 --> 00:07:21.639 the judge through the pictures you just said. Now, now 141 00:07:21.920 --> 00:07:23.959 I had to put her on hold. Tom, I'm sorry. 142 00:07:24.000 --> 00:07:25.319 I'll bring her back up. 143 00:07:25.519 --> 00:07:29.120 She won't listen. She won't listen. She keeps talking about 144 00:07:29.160 --> 00:07:31.959 them trying to get revenge because she's an active She 145 00:07:32.040 --> 00:07:35.920 found a blind purse or something whatever. And by the way, oh, 146 00:07:35.959 --> 00:07:38.040 here's all I'm going to say. Either you owe the 147 00:07:38.079 --> 00:07:40.199 money or not. But I want to ask Brad O'Brien 148 00:07:40.319 --> 00:07:43.639 some very basic questions. She did bring up a point 149 00:07:44.160 --> 00:07:48.120 about somewhat of a moving target. How does she protect 150 00:07:48.160 --> 00:07:51.120 herself against a moving target? In other words, if they 151 00:07:51.199 --> 00:07:54.040 say she owes x amount of dollars, how can they, 152 00:07:54.079 --> 00:07:56.360 in a month or two say, now you owe x 153 00:07:56.399 --> 00:07:59.240 amount of dollars and it's more because we tacked on 154 00:07:59.360 --> 00:08:01.800 more money. How does she keep that from happening? 155 00:08:02.040 --> 00:08:04.560 She shows proof of payment, right, Well, a lot of 156 00:08:04.560 --> 00:08:07.920 this is spoken and not in writing, so her testimony 157 00:08:07.920 --> 00:08:10.000 will be that they gave her a promise, which is 158 00:08:10.040 --> 00:08:12.680 this payment plan, and if they changed it later, that 159 00:08:12.720 --> 00:08:14.480 can be held against the landlord. 160 00:08:15.199 --> 00:08:19.759 And she can enforce the prove it. Yeah, or she'd have. 161 00:08:19.759 --> 00:08:22.720 To prove that she had an agreement that they violated. 162 00:08:22.800 --> 00:08:25.240 Yeah. These agreements don't have to be in writing. They 163 00:08:25.279 --> 00:08:27.920 can this modification of the least they can. She can 164 00:08:28.360 --> 00:08:33.080 orally testifies, you know, orally that what the landlord promised her. 165 00:08:33.000 --> 00:08:35.600 And show that she paid it too, right through whatever 166 00:08:35.679 --> 00:08:37.200 kind of receipt I wanted to ask. 167 00:08:37.039 --> 00:08:39.879 You about, Okay, And they what if they can orally 168 00:08:39.919 --> 00:08:42.120 say we never did it, we never agreed to that. 169 00:08:42.159 --> 00:08:46.039 And the judge exactly, it is enforceable to the extent 170 00:08:46.080 --> 00:08:48.159 that she paid. So if they took three months on 171 00:08:48.159 --> 00:08:51.799 this payment plan, then that is that shows that she 172 00:08:51.879 --> 00:08:55.559 made a substantial progress towards the payment plan and proves 173 00:08:55.559 --> 00:08:56.720 the existence of the payment plan. 174 00:08:57.360 --> 00:09:01.039 Yeah, or what But Brad on this second one, the 175 00:09:01.120 --> 00:09:05.039 second argument they gave where basically the landlord saying you 176 00:09:05.039 --> 00:09:07.799 were bothering us. And in the let's assume in the 177 00:09:07.879 --> 00:09:10.639 lease it says what word did they use? They didn't 178 00:09:10.720 --> 00:09:15.360 use bothering harassment, So harassment if she sent off let's 179 00:09:15.360 --> 00:09:18.519 say that is in the lease, okay, and she sent 180 00:09:18.600 --> 00:09:20.440 off ten emails going oh. 181 00:09:20.320 --> 00:09:23.159 This is crazy. You guys suck and you don't do this. 182 00:09:23.279 --> 00:09:25.519 And I found a bloody person you're all after me 183 00:09:25.720 --> 00:09:30.039 and she's doing this constantly. That could be harassment. Uh yeah, 184 00:09:30.159 --> 00:09:33.200 but wait, that's not my question. You said if it 185 00:09:33.320 --> 00:09:36.600 was in the lease. There's probably so many people like 186 00:09:36.720 --> 00:09:39.759 Bo who's got a bunch of rental properties in Denver 187 00:09:40.039 --> 00:09:43.480 where that language is not in your lease. I didn't 188 00:09:43.559 --> 00:09:47.279 realize by putting language like that in the lease, you 189 00:09:47.320 --> 00:09:51.559 could actually create an agreement between you and attendant in 190 00:09:51.759 --> 00:09:55.159 Colorado to where they can't harass you all the time, 191 00:09:55.320 --> 00:09:58.000 where if you didn't have it in there, they could 192 00:09:58.039 --> 00:10:01.159 harass you. That's a great reason and for landlords to 193 00:10:01.240 --> 00:10:02.480 call you. I'm not kidding. 194 00:10:02.639 --> 00:10:05.440 Yeah, many leasas have do not have any no nuisance provision. 195 00:10:06.039 --> 00:10:07.879 But it's really hard to evict on that one because 196 00:10:07.879 --> 00:10:10.519 it's a question of fact, and the judge will look 197 00:10:10.519 --> 00:10:12.799 at the circumstances of the arguments that one side is 198 00:10:12.840 --> 00:10:15.440 saying is harassment, and the other side will say was 199 00:10:15.559 --> 00:10:19.240 justified under the circumstances because they had advice to complain. 200 00:10:19.080 --> 00:10:22.639 If you got voicemails from some wacko tenant at two 201 00:10:22.720 --> 00:10:25.639 am when they're drunk every night. I mean you might 202 00:10:25.679 --> 00:10:27.879 be able to prove harassment and get them out of there. 203 00:10:28.000 --> 00:10:28.240 Yeah. 204 00:10:28.240 --> 00:10:30.879 That's a much murkier type of a case than just 205 00:10:30.919 --> 00:10:32.360 pay the rent or did you not pay the rent? 206 00:10:32.440 --> 00:10:35.919 Yeah, I got to I want to wrap this up, 207 00:10:35.960 --> 00:10:38.720 and Christy, it all comes down to this, Okay, it 208 00:10:38.799 --> 00:10:41.720 really does. And if you go beyond this, you're gonna lose. 209 00:10:41.960 --> 00:10:44.399 It all comes down to this. Did you have an 210 00:10:44.399 --> 00:10:48.919 agreement for the security deposit? And are you following that agreement? 211 00:10:49.200 --> 00:10:51.159 That's what it's going to come down to. They're going 212 00:10:51.240 --> 00:10:55.000 to say you're not paying the deposit as you were 213 00:10:55.000 --> 00:10:57.919 supposed to. You're going to say you had an agreement. 214 00:10:58.279 --> 00:11:01.639 You better bring whatever evidence you have or some extra 215 00:11:02.279 --> 00:11:05.720 or or extraneous notes that you've written down so you 216 00:11:05.759 --> 00:11:06.559 can prove it. 217 00:11:08.639 --> 00:11:12.039 Everything is documented. Bush for your hope, all good. 218 00:11:12.600 --> 00:11:15.879 If everything is documented, you're gonna win. If I will 219 00:11:15.919 --> 00:11:16.840 win if every week? 220 00:11:19.600 --> 00:11:24.559 But what constitution has or what is take me the terminology? 221 00:11:24.759 --> 00:11:32.519 Am I retalitative eviction on? How do I prove. 222 00:11:32.360 --> 00:11:35.600 That retaliation comes into play in the warranty habitability statue? 223 00:11:35.600 --> 00:11:37.919 If you complained about a habitbility concerned like no heat 224 00:11:38.000 --> 00:11:41.919 no water termites and then they evict you. That is 225 00:11:42.000 --> 00:11:46.320 harassment and that the habitability statute prohibits that. Now, the 226 00:11:46.360 --> 00:11:48.600 only thing you mentioned that would come close to that 227 00:11:48.759 --> 00:11:51.240 is you talked about some cabinets that were non functioning 228 00:11:51.399 --> 00:11:54.279 or something. I don't really think that is a habitability item. 229 00:11:54.639 --> 00:11:57.039 So that so the habitability statue here is not really 230 00:11:57.080 --> 00:12:01.679 invoked and its own retail clauses also not to vote. 231 00:12:02.679 --> 00:12:04.440 Yeah, we have to take a break. I mean she's 232 00:12:04.480 --> 00:12:07.799 either look, you either do what what we're directing you 233 00:12:07.960 --> 00:12:09.720 or I mean, not do it. We're not giving you 234 00:12:09.759 --> 00:12:12.600 direct legal advice, but you better look at the substantial 235 00:12:12.639 --> 00:12:15.120 issue here, Christy, because you're going off on left out 236 00:12:15.120 --> 00:12:17.279 and left field. They're not going to They're not going 237 00:12:17.320 --> 00:12:19.639 to have sympathy for you. We have more coming up, 238 00:12:19.639 --> 00:12:21.360 and I want to tell you renew Home Innovations will 239 00:12:21.399 --> 00:12:25.559 give you the most beautiful showers, porcelain sheet, porcelain, no 240 00:12:25.759 --> 00:12:28.320 maintenance and beauty. They can do it as a wains 241 00:12:28.320 --> 00:12:31.399 coating around the whole bathroom or just your shower. They 242 00:12:31.399 --> 00:12:33.360 can do a walk and shower anywhere you have that 243 00:12:33.519 --> 00:12:36.080 ugly tub that you want to get rid of. Renew 244 00:12:36.080 --> 00:12:39.240 Home innovations dot com. Just it takes two or three 245 00:12:39.279 --> 00:12:41.440 days for that whole project for you, and you can 246 00:12:41.480 --> 00:12:44.000 pay over months renew home Innovations dot Com three oh 247 00:12:44.000 --> 00:12:51.320 three nine zero four to two thousand. Hi Tom Martino. Here, 248 00:12:53.840 --> 00:12:55.440 Now we go to Eva, who has a question on 249 00:12:55.519 --> 00:12:57.559 real estate. In real estate, I hope it's a lot 250 00:12:57.639 --> 00:13:05.080 easier than the last ones we called. All right, Eva, 251 00:13:06.039 --> 00:13:06.679 what's going on? 252 00:13:07.320 --> 00:13:12.960 Hello Tom? Yes, I have hopefully an easy question. I 253 00:13:13.039 --> 00:13:15.919 am trying to figure out in the life things that 254 00:13:15.960 --> 00:13:20.399 I want to do, and I wanted to give a 255 00:13:20.440 --> 00:13:23.360 house that I have to a grandchild. 256 00:13:25.840 --> 00:13:30.720 Oh God, yes, Eva, I know. I know. This is 257 00:13:30.759 --> 00:13:33.360 Eva who's whose kids are taking advantage of her and 258 00:13:33.759 --> 00:13:37.600 raping or blind as far as raping and pillaging financially, 259 00:13:39.279 --> 00:13:42.039 you want to leave your home to your grandson. 260 00:13:42.840 --> 00:13:48.399 I will actually trust legally it's eagerly legally my son. 261 00:13:48.919 --> 00:13:53.039 But I want to get out from under it, and 262 00:13:53.080 --> 00:13:56.559 it needs repairs and stuff, and he's willing to do 263 00:13:56.639 --> 00:14:01.799 all that. But I want okay, so the pros consfinancial. 264 00:14:01.000 --> 00:14:01.720 Okay for me? 265 00:14:01.840 --> 00:14:05.080 I don't need that house, Okay, I want to be okay. 266 00:14:05.159 --> 00:14:09.399 Now, Eva, I'm gonna I'm gonna talk to you about this, 267 00:14:09.480 --> 00:14:12.519 and I have before right now, you do not live 268 00:14:12.559 --> 00:14:13.840 in this house? Is that correct? 269 00:14:14.799 --> 00:14:15.240 Correct? 270 00:14:17.080 --> 00:14:19.679 Is the house? Is the house free and clear? 271 00:14:21.080 --> 00:14:21.279 Yes? 272 00:14:21.559 --> 00:14:21.919 It is? 273 00:14:23.399 --> 00:14:26.360 Okay, So you have a paid off you have a 274 00:14:26.399 --> 00:14:31.320 free and clear, paid off home. You want to leave now, 275 00:14:31.879 --> 00:14:34.960 you can do it in one of two ways, or 276 00:14:34.960 --> 00:14:37.679 actually there's more than two. And maybe I don't know 277 00:14:37.720 --> 00:14:39.600 if Brad talks about this or not, because I know 278 00:14:39.639 --> 00:14:43.720 he says some is taxes, some stuff fall under the 279 00:14:43.720 --> 00:14:45.840 realm of taxes and others. But I can tell you 280 00:14:45.879 --> 00:14:50.279 this for sure. If you leave the home to your 281 00:14:50.360 --> 00:14:54.679 son while you're alive, if you dat it over to 282 00:14:54.759 --> 00:14:59.039 your son while you're alive, your son will inherit the 283 00:14:59.080 --> 00:15:02.960 basis you have on that house. Now, that's not the 284 00:15:03.039 --> 00:15:06.320 end of the world. Your basis is how much how 285 00:15:07.120 --> 00:15:09.480 much is your house? Did you buy your house for? 286 00:15:11.120 --> 00:15:14.039 Oh my gosh, that was so many years ago, probably 287 00:15:14.399 --> 00:15:18.279 over three hundred thousand, so you. 288 00:15:18.159 --> 00:15:22.679 Bought it for maybe three point fifty. 289 00:15:21.360 --> 00:15:24.240 Yeah, probably three forty eight something like that. 290 00:15:25.320 --> 00:15:28.600 Okay, let's say that your basis. Have you ever put 291 00:15:28.600 --> 00:15:34.960 major repairs into that home? No? Okay, So let's just 292 00:15:35.039 --> 00:15:38.799 say for argument's sake, you have a basis of three 293 00:15:38.879 --> 00:15:43.679 hundred and fifty thousand dollars. Okay, that's a basis. Now 294 00:15:43.720 --> 00:15:47.480 what that means is what that means is when he 295 00:15:48.039 --> 00:15:51.840 when you quit claim it to him, he will have 296 00:15:52.000 --> 00:15:55.120 a basis the same as yours. So if he goes 297 00:15:55.120 --> 00:15:59.399 to sell it, if he goes to sell it, anything 298 00:15:59.559 --> 00:16:05.039 above that will be taxed, unless it's this primary residence, 299 00:16:05.480 --> 00:16:09.279 then he'll get a certain amount of exclusion. The reason 300 00:16:09.440 --> 00:16:14.600 people wait until death to do this is usually because 301 00:16:14.679 --> 00:16:19.080 the basis will be higher and that will mean less 302 00:16:19.159 --> 00:16:24.279 taxes for the heirs. But that doesn't matter. If it 303 00:16:24.399 --> 00:16:27.919 doesn't matter, for example, is he going to sell the 304 00:16:27.960 --> 00:16:30.320 house right away or is he going to fix it 305 00:16:30.399 --> 00:16:31.080 up and live in it. 306 00:16:32.799 --> 00:16:37.279 He's planning on fixing it up and doing it. Is 307 00:16:37.360 --> 00:16:40.879 to call the ten thirty one where he gets something else? 308 00:16:41.840 --> 00:16:45.679 And okay, all right, well it's not called a ten 309 00:16:45.720 --> 00:16:48.519 thirty one unless you do it ten thirty one, And 310 00:16:48.600 --> 00:16:51.480 most people don't do ten thirty ones and they don't 311 00:16:51.519 --> 00:16:53.600 know what they're talking about when they talk about them. 312 00:16:53.759 --> 00:16:58.120 But in general, maybe Bradton can speak to this. In general, 313 00:16:58.799 --> 00:17:02.200 if your basis is three point fifty, your son is 314 00:17:02.240 --> 00:17:05.799 going to inherit that basis. So if he adds to 315 00:17:05.839 --> 00:17:09.559 that another fifty grand, he'll have a basis of four hundred. 316 00:17:10.160 --> 00:17:13.400 And since it's not his primary residence, he's doing it 317 00:17:13.440 --> 00:17:16.519 for investment, then he'll have to pay tax on the gain. 318 00:17:17.039 --> 00:17:19.680 And that's the way it is, however, Eva, once you 319 00:17:19.839 --> 00:17:20.680 sign it over. 320 00:17:20.519 --> 00:17:25.759 To him, go ahead, Oh he does live there. 321 00:17:27.359 --> 00:17:30.559 Okay, if it's but he's going to have to live 322 00:17:30.599 --> 00:17:34.359 there after you did it to him, not before, for 323 00:17:34.480 --> 00:17:37.799 it to be his primary residence. For you know, it 324 00:17:37.880 --> 00:17:40.440 to be his primary residence. Here's he's going to have 325 00:17:40.519 --> 00:17:43.359 to live there. He's going to have to live there 326 00:17:43.440 --> 00:17:46.720 for two years for it to be his primary residence. 327 00:17:46.759 --> 00:17:48.799 Go ahead, Mark, Well, all we're talking about is to 328 00:17:48.880 --> 00:17:52.119 tax ramifications. How about the fact she owns his house 329 00:17:52.519 --> 00:17:55.640 and everything we've ever heard about this child in the 330 00:17:55.720 --> 00:18:00.759 last ten years, including stealing cars and everything else. I mean, 331 00:18:01.000 --> 00:18:04.000 she might want that house out of her name because 332 00:18:04.319 --> 00:18:07.240 she might be liable for the drugs he's cooking up 333 00:18:07.279 --> 00:18:08.160 in there or whatever. 334 00:18:08.680 --> 00:18:17.400 Oh good god, are you making up things even I'm not. 335 00:18:17.480 --> 00:18:20.400 Making I mean, you've called with a lot, You've called 336 00:18:20.440 --> 00:18:23.000 with a lot of crappy stories over the years. Even 337 00:18:23.079 --> 00:18:25.599 Here's what I want to know. Are you willing? Are 338 00:18:25.640 --> 00:18:28.559 you truly? And I need to know this once you 339 00:18:28.759 --> 00:18:32.359 quit claim that home to him and release it and 340 00:18:32.400 --> 00:18:36.640 it's his home, are you willing not to bail him 341 00:18:36.640 --> 00:18:40.359 out when he puts a giant loan on it and forecloses. 342 00:18:40.519 --> 00:18:43.960 Are you willing to let him go homeless? Because that's 343 00:18:44.000 --> 00:18:45.720 what's going to happen to him. 344 00:18:46.480 --> 00:18:49.480 Yeah, that's my fear. But I just want to be 345 00:18:49.559 --> 00:18:50.559 done with the whole thing. 346 00:18:51.880 --> 00:18:53.599 I don't think it should be any done with it. 347 00:18:53.640 --> 00:18:55.640 And for a million reasons. 348 00:18:57.559 --> 00:18:59.799 If she doesn't want the house and she doesn't care 349 00:19:00.200 --> 00:19:02.440 the three hundred and fifty thousand she could get for 350 00:19:02.519 --> 00:19:05.240 selling it, What I would do if I were you, Eva, 351 00:19:05.799 --> 00:19:09.680 is I would first I would think, why doesn't he 352 00:19:09.720 --> 00:19:13.960 buy the house? Give me a reason he doesn't have money? 353 00:19:14.400 --> 00:19:14.960 Exactly? 354 00:19:15.119 --> 00:19:18.319 Eva? Okay, how is he going to pay for the 355 00:19:18.359 --> 00:19:19.559 taxes and insurance? 356 00:19:22.160 --> 00:19:25.559 Well, I'm paying the second half in a couple of days, 357 00:19:25.759 --> 00:19:28.920 and I'm choosing to pay that, so he won't have 358 00:19:29.000 --> 00:19:33.000 a property text till January February of next year. 359 00:19:34.319 --> 00:19:36.440 It doesn't matter when it is, It doesn't matter when 360 00:19:36.440 --> 00:19:38.960 he not pays it what happens when he doesn't pay 361 00:19:38.960 --> 00:19:42.160 his taxes the year later or his insurance. What's going 362 00:19:42.240 --> 00:19:44.839 to happen? Then? Are you going to because you said 363 00:19:44.839 --> 00:19:46.720 you wanted to wash your hands of it, what I'm 364 00:19:46.960 --> 00:19:49.359 proposing to you is, Eva, you're not going to wash 365 00:19:49.359 --> 00:19:51.640 your hands. You're going to sign this home over to 366 00:19:51.680 --> 00:19:54.839 your grandson and you're going to continue paying all the bills, 367 00:19:55.079 --> 00:19:57.920 so you're not out from under it. If anything, you've 368 00:19:58.000 --> 00:20:01.839 complicated your situation because you won't be able to evict him, 369 00:20:01.960 --> 00:20:04.240 and you'll never be able to sell it, and you 370 00:20:04.279 --> 00:20:07.720 will be in debt. So, Eva, you're not doing what 371 00:20:07.759 --> 00:20:10.160 you want to do. What you want to do is 372 00:20:10.240 --> 00:20:12.240 sell it to him. If he doesn't have the money 373 00:20:12.240 --> 00:20:14.359 to buy it, he doesn't have the money to pay 374 00:20:14.400 --> 00:20:17.680 taxes and insurance. What good is what you're doing. You're 375 00:20:17.720 --> 00:20:20.359 not getting out from under it. It's still going to 376 00:20:20.440 --> 00:20:24.200 be a burden. Here's what would be better. Even you 377 00:20:24.200 --> 00:20:26.759 know what would be better. I swear to God, you 378 00:20:26.960 --> 00:20:30.400 sell the house right now, Sell the house for as 379 00:20:30.440 --> 00:20:32.759 much as you can get and give him the money. 380 00:20:33.160 --> 00:20:35.720 Then you can be done with him. Then he'll have 381 00:20:35.839 --> 00:20:38.680 money that he can blow on drugs and alcohol. And 382 00:20:38.759 --> 00:20:41.119 all that other stuff, and then you can be done 383 00:20:41.160 --> 00:20:41.799 with him. 384 00:20:42.480 --> 00:20:47.759 Excuse me, he's never done alcohol and drugs. You're adding 385 00:20:47.839 --> 00:20:50.359 things to the story that don't exist. 386 00:20:52.640 --> 00:20:56.559 Okay, Eva, I want you to live in your la 387 00:20:56.680 --> 00:20:59.960 la land. Can we agree that this kid is never 388 00:21:00.160 --> 00:21:03.319 worked and taken advantage of you your whole life, his 389 00:21:03.359 --> 00:21:03.880 whole life. 390 00:21:03.960 --> 00:21:06.519 Yeah, oh yeah, okay. 391 00:21:06.559 --> 00:21:09.759 So what makes you think he's going to change. 392 00:21:10.240 --> 00:21:13.799 I'm not looking at that. I am wanting to know 393 00:21:13.839 --> 00:21:15.279 the consequences for me. 394 00:21:16.559 --> 00:21:19.720 If okay, here are the consequences, Here are the consequences. 395 00:21:20.200 --> 00:21:22.680 If you deed the house over to him. There are 396 00:21:22.720 --> 00:21:26.279 no consequences to you except the ones you take on. 397 00:21:27.039 --> 00:21:29.720 So as soon as you deed the house over to him, 398 00:21:30.720 --> 00:21:32.799 if he tried, if he sells it, it would be 399 00:21:32.839 --> 00:21:34.680 good for you. Then he can take the money and run. 400 00:21:35.119 --> 00:21:37.839 But I think what will happen instead is he's going 401 00:21:37.920 --> 00:21:40.839