Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 9 years ago,

User Stats

2,498
Posts
280
Votes
Bienes Raices
  • Orlando, FL
280
Votes |
2,498
Posts

Critique my holding deposit agreement

Bienes Raices
  • Orlando, FL
Posted

[moderators: sorry I posted this by mistake on the Commercial Real Estate forum and then reposted here. Could you please delete the one on the Commercial forum]

So far, I have been having the tenants pay the holding deposit and then only sign the lease the day before move in. However I'm thinking it may be better to have them sign the lease immediately when they provide the holding deposit. My questions are:

1) Should I demand the pet deposit up front with the holding deposit or wait until they move in?

2) If tenant pays holding deposit, signs lease well in advance of move in date, and then never moves in/pays rent, can language be put in the lease that voids the lease in this scenario or would I still need to go through the formalities of eviction/declaring the property abandoned?

Here is the clause I've come up with:

Tenant agrees to pay holding fee of ________ to reserve property until start of lease on __________. At that time holding deposit will convert to security deposit. Tenant will also have to provide additional pet deposit (if applicable) at the beginning of the lease for the lease to take effect. Tenant understands that holding deposit is non-refundable in the event that tenant does not sign lease and take occupancy of the unit.

Loading replies...