Urgent, rejecting a tenant after the lease agent approved them.

Urgent, rejecting a tenant after the lease agent approved them.

Homeowner · Colleyville, TX · Member since 2015 · 85 posts · 17 votes

OK, I need some more advice. I just found an email from the leasing agent who approved the renter before we explicitly told her we approved.  I had told her we still had questions about wording of lease changes that the tenant wanted and would get back to her and then we would sign. She then informed the tenant (a lawyer) they were approved.  We told her we were rejecting them. We did not give a reason per advice from BP (another thread). 

Then she wrote us

----------"What is the reason for rejecting the application? I told them they were approved after reading Michelle's email this morning.

If denied, I need to send them an adverse action letter letting them know why"----------

Is this letter now necessary from us - her (?) as she told that they were approved before they were actually approved by us. If we have to say why, what can we say?

They have to be out of their home by the end of the month. He is a lawyer. They wanted to change the lease, such as putting deposits in escrow in case we had to sell and them not wanting to pay the $75.00 for repairs if they did not cause it to happen. There is more, but this seems to be the most relevant.  We did talk and agreed to their large dog, but later discovered it is NOT a good idea on a new engineered wood floor. 

I am concerned and almost afraid to say anything. Can we tell them our lawyer advised against this due to the tenant's changing the lease's wording (TX standard lease) by putting the deposits in escrow plus the large dog and the engineered wood floors would make it difficult for us to collect the deposit if there was damage. 

0Reply
17 views

3 Replies

Jump to latestLatest
  • Chelle KnijnenburgPro Member
    OP
    Homeowner · Colleyville, TX · Member since 2015 · 85 posts · 17 votes
    9y

    Hmm, the leasing agent just texted asking if the tenant could still rent if they did away with their changes to the lease.  I no longer want to for the difficulty they are exhibiting, which was not seen by us until the BP community pointed it out.

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    First off with the dog.. if you were worried about the floors why would you even have considered PETS, just poor planning.

    Second the PM jumped the gun, did you have it in writing you were final approval on applications before applicant was confirmed or denied. If not your showing a lack of management and the PM was basically doing the job according to the criteria You had set up.

    Third the applicant could have been denied the first mention of lease change attempt, And the PM should never have deviated from the lease terms or suggested to applicant that their would ever be an option to change it.

    The applicant's rush because of their house being sold isn't your concern. 

    Your either going to have to suck it up and let them move in or call a attorney on this one. Your lack of wanting to do business yourself is costing you more than think.

    Know your tenant landlord laws for your state.

    Only option I could see at this point is to find out if you can take property off the market, tell the PM your suspending the listing, and not going to be able to have it ready for rent till after the 1st and then re market it. Due to some OMG plumbing issue that happened last night.. and go clog a toilet, or something..

  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    9y

    IMO, this is a typical problem using a PM.  It's in their interest to fill vacancies, even though you my opt to continue with it.

    You have two diverse methods of working with a PM

    1. you sign the contract and hand over the operations to them.
    2. you require your authorization for every decision

    If you're pay the bill for the PM, then let loose, close your eyes and collect the income.  Otherwise, fire them and take over for yourself.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.