Would you let tenant move small items in early?

Question

Lease is starting November 1st.

Property is sitting vacant and tenant already paid first, last and security to hold it 25 days.  They would like to know if they can move small items in around end of October.

Would you let them or not because technically lease does not start till November 1st and they are not paying rent till November 1st..

Walt Payne · Answer

@Nate M.  I don't see anything wrong with the concept. One thing my lawyer told me to do when I asked him this question. Draft a quick addendum that says the rent for the property FOR STORAGE PURPOSES ONLY begins on (date they can start moving stuff in) and will be an extra $10, and this extra period is covered under the same terms and conditions as the primary lease except for cost and occupancy.

That lease should already include covering the requirement of having renter's insurance, transferring utilities, etc.

This is necessary to cover liability in both directions.

Marcia Maynard · Answer

There is an advantage to allowing tenants to begin their move-in early... they are more likely not to be in a rush and therefore not as likely to cause damage to the unit when moving things in, especially furniture. It also builds good will from the start. We will allow a few days for this at no extra cost in rent, as a "move-in bonus." If they want more time, we do it as prorated rent. The tenancy begins then and that's the date on the rental agreement. Utilities, renters insurance, etc. in place.

Lynn McGeein · Answer

If I were going to let them move any property in, I would have them sign an addendum starting the lease earlier and have them show proof of renters insurance and utilities in their name on that earlier start date to cover it, even if I didn't charge them extra for rent.  Even though I'd already have security and first month's rent, I'd still be nervous letting them in  early for any reason without changing the start date on the lease as what if their things were stolen or damaged, etc., or someone gets hurt moving them in before lease officially starts.  And if they have a key to move things in, they are likely moving in early, anyway.

James Wise · Answer

No. They either have possession of the property or they don't. The day you issue keys and the lease starts is the day they can move in whatever they like. Not a moment before.

Jon Holdman · Answer

I would and have allowed tenants to move in a few days early if the unit is vacant.   I make the lease start on the day they move in and add a note stating the specific dates that are free.

That said, I would have never done what you did.  For one, no way will I hold a unit for most of a month.  I would have told them they were accepted and we can sign a lease a few days ahead of time and they can move in then.  I would have also told them I will continue to market the unit and try to get a tenant sooner than Nov 1.  If I find a qualified tenant who will move in sooner, I will give them the right of first refusal.  Say I find someone to move in on the 15th.  I would offer them to sign a lease and move in on the 15th.  If they don't want to, I would let the second applicant have it.

Also, when I sign a lease, I expect them to give me the full deposit and first month's rent in cash or equivalent.  NO CHECKS!  I give them the keys.  So I would have never done all these steps this far in advance.  If we were, say about Oct 25th and the qualified and wanted it I would do a non-refundable hold agreement.  They pay me an amount equal to the deposit and I stop marketing the property.  Then, provided we sign a lease on the 1st, the hold deposit becomes the security deposit.  If they back out, I keep the hold deposit.

At this point, though, given what you've already done, I'd let them move in.  I would amend the lease giving them October free (see why I don't do this?) and they get the utilities in their name and I hand over the keys.  You're already committed to losing the rent for October, so you might as well have someone looking after the place.

Steve Babiak · Answer

I do as @Lynn M. wrote. I start the lease a few days early so that utilities can be put in their name. Once utilities are switched and renter insurance is in place, I let them have keys; I don't want to be bothered for each little piece that are moving using a car. For a few days, I don't even worry about additional payment, but if it were a week or more that might change things. I offer it as a move in bonus if sorts.

Now, if you are still working on the unit, then you might have the issue of stuff being "missing" or "damaged", so you might have to restrict placement if belongings to areas that won't be having work done. And that could also happen to YOUR tools and supplies that you might leave in the unit during that time.

Everybody seems to have different ideas about this, so you'll sort of have to figure what will work for you.

Brendon Woirhaye · Answer

I will allow them to move in a few days early, paying a per diem.  I don't want them entering the property or storing things there if they are not officially renting the unit - and paying rent.

I have allowed someone to store some items in the garage before, but I prefer not to.

Vicki Gleitz · Answer

Nothing wrong with common decency.

Nathan Gesner · Answer

Wow! Somebody resurrected an old post!

Marcio Wilges · Answer

I wouldn’t mind either since the end of October isn't that far away from November the 1st. As long as you still have the keys on hand, I don't see why there could be problems arising from them moving some small things much earlier. This could also help to create a positive impression of yourself as the landlord and encourage a healthy relationship between you and them.

Would you let tenant move small items in early?

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