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Updated over 5 years ago on . Most recent reply

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Kris L.
  • San Antonio, TX
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Tenant Lease Objections

Kris L.
  • San Antonio, TX
Posted

Ran into an issue today that I hadn’t considered, and not sure how to deal with it.

Tenant had put down deposit to hold property. Went to sign lease, and they scratched out some of the lease clauses. Mostly they didn’t really apply to this particular property, but the big one was the clause where they accept property “as is”. There are a few minor defects, things like a small scratch in the fridge, a couple scratches on the LVP, but the house is in very good shape. I am suspicious that they may have gotten cold feet.

I have no intention of letting them dictate core lease terms like this. And plan to retain their deposit if they refuse to sign the lease because of the lost time in finding a tenant, but I could see a case if they stated that they signed under duress for their $1200 holding fee.

What would you do in this situation?

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Mary M.
  • Rental Property Investor
  • Portland OR
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Mary M.
  • Rental Property Investor
  • Portland OR
Replied

perhaps they want to be sure nothing is broken or in disrepair.  I always do a walk thru and fix anything that may be an issue if they find anything.

i would NEVER keep a deposit that big if someone walked. and, in my state that would not be legal, so check your local laws.

the best course forward is communicate with your tenant.  

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