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Tenant Wants to Move In Before Lease Start Date
Hello, everyone I am a new landlord and encountering my first issue. Soon I'll be moving out of the first house I purchased and I'm converting it to a rental property. I signed a lease with a tenant and they will move in several days after I move out. The lease start date is October 1 (a Sunday) and I cancelled all my utilities on September 29th (Friday) since it has to be on a weekday.
The tenant signed up all utilities to start September 29th and now wants to move in on that day. I initially told him no the lease starts on October 1. He contends that he is a great tenant (his background verifies that) and he is paying utilities that day so he thought he could move in. I mentioned that I am concerned about it because I won't have liability insurance until October 1. He then says I am starting this off as a contentious relationship. He cited that when we negotiated the lease I was difficult then too. I actually gave him several exceptions to the boiler plate language that is standard here and 99% of landlords and property management companies will not negotiate. I told him I felt I was very reasonable and I gave him several exceptions that most people would never consider.
To be reasonable I said I would talk to my insurance company and see what they said. To be legit I think I have to change the lease and the start date of my insurance to match September 29th. I want to tell him the lease is October 1 and you can move in October 1 or it's trespassing. It is slightly complicated because we are moving a small distance away and I can't think of a good way to give him the keys October 1.
Am I being a difficult landlord by insisting he not move in early?
Do some tenants just want to negotiate and argue everything?
Thanks everyone. I decided to invest in an hour of an attorney's time. It would be good to get some education and piece of mind. If I have another issue I will switch to a property manager.
- Rock Star Extraordinaire
- Northeast, TN
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One other thing: when we provide the lease to an applicant, we allow 48 hours before we consider it an open application and move on to the next applicant. That 48 hours means that the lease has to be signed and payment made (first/last/deposit). If you don't have money you essentially have nothing.
"he wanted a clause that I wouldn't show the property until he gave notice to vacate."
Hope you don't end up wanting to sell. Also hope that you don't try and show while you have given him the notice of non renewal.
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Real Estate Agent New York (#10301216803)
#2 General Landlording & Rental Properties Contributor
Do not turn over the keys till you have first month rent in your hand in cash. Do not accept a check for first month rent.
"he wanted a clause that I wouldn't show the property until he gave notice to vacate."
BAD..BAD....BAD...............PLEASE DO NOT DO THIS. Looks like you are a very lucky person. You are given so many hints about the potential tenant by himself. He asking for so many changes to standard Lease in your area says something bout his past experience. Looks to me that he is making sure all the clauses that got him in trouble in the past are addressed to in your lease. He is trying to protect his interests.
Please make sure you vet the lease agreement by a lawyer as you were saying earlier.
This tenant would definitely make your life hell. Go with your guts. A month's lost rent is nothing compared to the mental stess and loss of sleep for every little thing that some jerks throw you at. You will find better tenants.
Why is it bad that I gave him that clause? Honestly I don't think I want to show the property until he is moved out.
What if you decide to sell the place? Some guy offers you 50% more than you paid for it, but actually wants to look at the apartments? You removed that option (out) from yourself. If he is a pain for the next year and you decide to non renew. You are not allowed to start showing it because he did not give you a notice of non-renewal (He holds the cards).
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Real Estate Agent New York (#10301216803)
- Realtor
- Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility
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On general principal you can not let the tenant move in early like this. He is already dictating to you the tone of how the business relationship will go.
If he switched the utilities into his name to start Sept 29, that's his problem......especially when you made it clear the lease starts Oct. 1. hence....the move in date is Oct. 1.
It may seem small but this is a power move on his part.
You need to politely but firmly let him know that it doesn't start until Oct. 1,....so that's when he can move in....and he needs to have the utilities to go into his name...on Oct. 1st. If he complains that there will be a $100.00 reconnect fee to get the utilities going back on Oct. 1st instead of Sept. 29,,,,,remind him that based you made it clear the move in date is Oct. 1st.
If he still offers pushback, tell him that you will find another tenant and move on.
This is a single family home not an apartment. The term is written such that I can give notice of non renewal and show it.
Works for me, if you are not worried about those terms then I am not worried, it's your business to run as you see fit.
Best of luck!
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Real Estate Agent New York (#10301216803)
"he wanted a clause that I wouldn't show the property until he gave notice to vacate"
I hope you didn't agree to that. That could come back to bite you both at the end of the lease term and if you decide to sell.
@Mark Campbell Why are you letting the tenant tell you what he wants? The property belongs to you. You set the rules, not the tenant. If they don't like it, they can go rent any of the other properties available from doormat landlords. Don't be a doormat landlord!
Honestly, this guy sound like a professional tenant, and he has found his next mark in you.
Lease start date is 29th then. Have coverage move up a couple of days. Stop being difficult.
I personally do not think that you are being a difficult landlord by not granting him the early move-in. It is just being a rational landlord considering that insurance is now part of the situation. It is quite troublesome having to amend the contractual agreement to match the early move-in date of the 29th. If you do not change the terms, what if something does crop up during that extra day?
Why are you resurrecting an 8 month old dead thread lol