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Updated over 8 years ago on . Most recent reply

Parent interefers in tenant lease
What would you do?
We have an artist community here and I've had a new tenant (white) and her boyfriend (black) sign a lease last Friday. This is in a historic black neighborhood - it's important, you'll see. They gave me one month deposit. They were super excited to move in and pushed to be able to move in 10/28/tomorrow, instead of 11-1. Since I had 3 different parties wanting to do that and we were still renovating we were busting our butts this past week getting those 3 units ready for tomorrow. I had to even turn some people away, because we simply couldn't get any other units ready for Nov 1st.
She did tell me on Sat that her parents disapproved of her boyfriend and that her father was in town and wanted to see the property. I told her to give him my phone number. I wrote her on Monday that he never contacted me.
This afternoon I get a call from her father (she's 26), telling me that his daughter was not going to move into the property and that the area is uninhabitable and that it's unconscionable of me to even sign a lease in that area with his daughter. Now, he was never been in the duplex, which has wood floors, brand new kitchen cabinets, metal accent wall and all new lighting and painting etc. It's really nice. His daughter is certainly old enough to make her own decisions and I got so mad that I hung up and told him not to call me again and we can have attorneys deal with that and he responded that he'll get his 4 attorneys involved. He was trying to negotiate with me and , I guess, buy her out of her lease, but I don't want to deal with him. I don't like racists and he has no legal standing anyway.
Technically, he doesn't have standing, because the lease is signed between myself and his daughter, who's of age, and her boyfriend. I can't take instructions from him. Furthermore, this is something called 'tortious interference with contractual obligation.'
Do I just pretend that I didn't get the call and go on like nothing happened and when she doesn't show up tomorrow, I'll ask when she'll come to pick up the keys and then take it from there?
Legally, I will keep looking for another tenant and give her back the difference of the deposit, if I find someone else. But as you all know, this is now going to be the tough part of the year when it comes to getting new tenants. I have already turned others down. So, I might be vacant for a while.
Most Popular Reply
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- Residential Real Estate Broker
- Saint Louis, MO
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@Michaela G. She acted as an adult (because she is), signed the lease and paid a deposit. Don't deviate from the standard practice here. The dad has no legal basis to interfere (as you know) because he's not party to the lease.
Treat him with respect if you do interact with him. If you talk with him and he veers into racist banter say that you're obligated to avoid discrimination in your business and end the conversation. Otherwise you can simply state that his daughter is an adult and he has no legal right to interfere as the contract does not involve him if he tries to challenge you.
It's easy to get wrapped up in the personal side of this exchange, but don't let that change your approach. If the lease is broken, follow your policy for any other lease being broken; if it isn't, great, you have the people you approved as tenants. Simple as that.
- Peter MacKercher
- [email protected]