Landlord Repercussions Holding Tenants Too Long!!!

[Atwan Kwan]

My applicant (already approved), is telling me his current landlord (apt complex) is currently HOLDING him because he didn't fill out his notice to vacate form properly (not on THEIR form).....

So he CAN'T MOVE for another 60 days (MAY27), since he filled out the wrong one..... I call BS on that, because he wrote them a clear letter showing intent to vacate.

Now I know it's not my problem, as the applicant signed his lease and sent me the security deposit.....

However, I'd like to do him better and help him exercise his rights......

Anybody know how to go about enforcing this??

[Andy Robison]

Move out, demand deposit back, if they go to court tenant will win.

*speak with an attorney.

[Atwan Kwan]

@Andy Robison you think demand like that would be a lot of pressure on my applicant? and I'll have to be the bad guy and enforce my lease on his deposit?

[Russ M.]

He meant the tenant should move as originally planned and demand his deposit back.

[Atwan Kwan]

@Russ M. yes, i understand that. but as his new landlord would i b putting a lot of pressure on him to tell him to do that?

[Penny Clark]

I would consult either the attorney general's office in your state or the Department of Consumer Affairs to better understand what your rights are as a landlord as well as those of your (or soon to be ) tenants. 

It is possible that the tenant's lease has a clause in there regarding how to give notice. Here is a quick link to the Maryland's Attorney General Office regarding tenant rights:

http://www.marylandattorneygeneral.gov/Pages/CPD/landlords.aspx#renewals

[Atwan Kwan]

@Penny Clark I'm sure their lease had some atty write some UNENFORCEABLE policy requiring they have to use THEIR forms, but I don't see in ANY WAY how that can be held up. *in maryland you can even give VERBAL notice.

What other actions would you take going up against a corporate PM?

[Kim Meredith Hampton]

@Atwan Kwan I doubt that if it went to court or mediation, that the apartment community would win, IF the tenant truly gave his sixty day written notice 

[Jeff B.]

There is no requirement that a specific form be used - - it can even be in handwriting.

As a tenant, I would include:

• I will be moving on mm/dd
• I suggest you schedule a walk thru asap
• I will surrender possession on the date noted
• and I expect my deposit to be returned in accordance with the regulations of the State of ______.
• Sign, date, mail certified if there's an adverse situation like this.

[Joe Splitrock]

@Atwan Kwan why do you want to get in the middle of another landlords dispute with a tenant? How do you even know the applicant is being honest with you? The only reason you want to help him is so he can rent your unit. That is not the right motivation. Give the applicant a "take possession" date and if he cannot meet it, then move on to another tenant. You will be surprised how people can solve problems when they are left to do so on their own.

[Atwan Kwan]

@Joe Splitrock right motivation?? .....yes I can understand it's taking on liability to help someone who hasn't exchanged money yet....

But saying my motivation is selfish is assuming and generalizing. If anything, our industry has too many "managers/landlords" quick to dismiss and throw people in the shuffle.

If it's called the wrong motivation, than fine...at least there's COMMON courtesy -to understand someone, rather than cost another WILLING cooperative person THOUSANDS and change his living plans because of your job's fussy paperwork ??

[John A.]

1.  Don't provide legal advice to a tenant unless you are a lawyer.

2.  Your new tenant is probably not giving you the whole story because he is already giving you a reason why he cannot honor the lease he signed with you.

3.  If you really want to give the tenant the benefit of the doubt and help him out, mutually agree to terminate your lease with him, return the deposit and advertise the property to other potential tenants.  This is probably the most you can do for him without getting involved in this soap opera.

[Thomas S.]

Tenants rarely if ever are truthful when the truth works against them. As suggested give a date for him to commit and then move on to another applicant. His problem is not your problem, best to stick to business and stay out of it.

[Jon Huber]

@John A. Preach on... couldn't agree more.

[Atwan Kwan]

Thanks for feedback, I directed him to what local law says and suggested he write an email.

He's notified me it's straightened out.