What are the risks to giving tenant keys night before the lease s

Question

Subject is supposed to end with "starts"

have a personal issue to deal with the next morning so trying to look at options.

I could leave the try's in a shed and tell them where they are tomorrow. Or maybe install a lock box and give them the code in the morning.

Or give them to them the night before.

Thoughts / concerns?

Bettina F. · Answer

Have your tenants sign the lease the night before, collect your SD and rent, and hand over the keys. I have done that with fully screened tenants who have paid all move-in fees. It seemed silly to let the apartment sit vacant overnight when tenants wanted a jumpstart on moving. I have never had a problem doing it this way, but I screen thoroughly. Also, you could just change the date on your lease and give them a free day.If you give keys before the lease signing and collecting money, the danger is that the tenants could refuse to sign or pay, claim tenancy (since you gave them keys). You would face a long and expensive eviction while they lived rent free in your house for several months, destroying it along the way.

JD Martin · Answer

Same here. We screen hard and always have good tenants. Leases are signed well in advance of start date and all money has been delivered with lease. We require utilities to be transferred to the tenant's name before anyone moves in, early or on time doesn't matter. Once utilities are turned over, rent & deposit is paid, everything is signed, it's no risk to us for them to move in a few days early on a vacant unit. Anything more than half a week we prorate as a partial month, ie we will give them 4 days early if a place is vacant and ready, but if they want to go in 5 days early they'll pay 1/6 month pro-rate. Most of the time it works out that the lease starts on a Monday or thereabout and if the cleaners are finished we'll let them get going over the weekend.

Patrick Queisner · Answer

If the the property is vacant I oftentimes allow a new tenant to move in a day early after I have the security deposit, lease signed, and applicable rent collected. It can help build a good relationship with the tenant that may very well pay off in the future.

Thomas S. · Answer

As long as you have lease signed and all their money in advance, in cash, there should be no risk.

Steve S. · Answer

i think some things were misunderstood on this thread. The tenant had already signed the lease which started the next day. They paid the deposit and the first 2 months rent. I was thinking more from a legal liability perspective of giving them the keys to the place the day before the lease date started and what liability that may put me under should something happen. apologies for any confusion

Deanna McCormick · Answer

Why would you wait until day before or of, to have them sign the lease.. I get lease signed the day they Pay Holding Fee / security damage deposit,, without a signed lease all they have to lose is the deposit and you'd be back to square 1 if they decided to back out..Move in early, sure if rent is paid,,and apartment is ready to go. I have them start electric also that same day. I've got better things to do on a weekend than sit around and wait for a move in to show up.. Keys early with all money in is nice. I wouldn't do more than a 2 day early in but people really appreciate it and sets a nice relationship starting out. I just have them sign a note on the lease, new start move in date and concession of rent for 2 days the 29/30th. I don't charge for it. because then II might have to adjust the prior tenants move out if I received rent for the 2 days..

Daren H. · Answer

You screened the tenant right? You did all the right due diligence, collected deposits, and determined they where the best tenants for your place right? If so, a lot of your question about "risk" should already be answered. I would not give keys until the lease is signed but I understand sh*t happens and we have to improvise. The questions is, how much do you trust your due diligence :)

Bettina F. · Answer

Have your tenants sign the lease the night before, collect your SD and rent, and hand over the keys. I have done that with fully screened tenants who have paid all move-in fees. It seemed silly to let the apartment sit vacant overnight when tenants wanted a jumpstart on moving. I have never had a problem doing it this way, but I screen thoroughly. Also, you could just change the date on your lease and give them a free day.If you give keys before the lease signing and collecting money, the danger is that the tenants could refuse to sign or pay, claim tenancy (since you gave them keys). You would face a long and expensive eviction while they lived rent free in your house for several months, destroying it along the way.

Tony Gunter · Answer

You have no contract at that point. No contract for them to be in violation of either. Do you have their money? No way would I ever do this, ever. Not even in landlord friendly Texas. Load gun, shoot foot. Any Questions?