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All Forum Posts by: Account Closed

Account Closed has started 2 posts and replied 9 times.

Post: Deny applicant due to attitude/inappropriate comments

Account ClosedPosted
  • Rental Property Investor
  • Posts 9
  • Votes 1

If a tenant backed out due to comments made by the future LL, and had given the LL $0, there wouldn't be much the LL could do. 

Go to court? Get a life. The courts have better things to do than clean up after an unwise mouth

He has time to get utilities put in his name. Hence the reason I'm not going to wait for him to do so.

How about the fact that he lied and said the company couldn't find my property yet the company advised they had spoken with him multiple times in one day, regarding my property

The comment made is not up for your judgement. This is my property and my decision. I didn't come here for your blessings.

Post: Deny applicant due to attitude/inappropriate comments

Account ClosedPosted
  • Rental Property Investor
  • Posts 9
  • Votes 1
Originally posted by @Matt K.:

You're a landlord not a parent....you are likely exposing yourself to risk by turning him down at this point. 

Unless his comment was illegal I fail to see how this would paly out in your favor if it went to court. You'd  likely be even more screwed if protected class.

 Since when are comments illegal? 

I'm NOT his parent, I'm not trying to correct his behavior. 

I simply don't want to rent to him.

Post: Deny applicant due to attitude/inappropriate comments

Account ClosedPosted
  • Rental Property Investor
  • Posts 9
  • Votes 1
Originally posted by @Geoff Garrett:

First off great to recognize the bad trait before they are in and your dealing with it for the length of the lease.

Also I could see both sides of this maybe he did have a bad time with the company and is completely justified in his comments.  But i prefer to find someone I don't have any reservations renting to.

As far as addressing the issue that you were working to get him moved in. As long as he doesn't have keys or a completely signed off lease you can tell them that you have decided to go with a more qualified tenant.  

I appreciate the response. 

Maybe he did have a tough time with them, but he didn't express frustration about the company, he made a derogatory remark about the rep. I see those as 2 different things. I also just posted further information, he was claiming they couldn't find my property (where his comment came in) and I later confirmed the co had in fact discussed the transfer with him more than once. 

I don't have a more qualified renter at this time. And I'm not trying to ask for a lawsuit by saying I do. 

Post: Deny applicant due to attitude/inappropriate comments

Account ClosedPosted
  • Rental Property Investor
  • Posts 9
  • Votes 1

A derogatory remark about another person is absolutely unacceptable -- I am his would be landlord, not buddy.  It took one text message. It wasnt a tone or sense that I'm perceiving, it's a derogatory statement that cannot be argued

Who cares how annoying utility companies can be, that does not give anyone the right to be disrespectful... And again I'm his would be landlord.

Further more, I called the company to find out what was really going on (he was claiming they couldn't find my property, then it changed to they needed the meter # --- something NEVER reqd before) and that's when they confirmed he kept calling but refusing to apply. 

And no, I'm not going to wait until he's at the door with all his crap on move in day to deny bc he doesn't have utilities in his name. Obviously he could put them in his name by then.

A good renter is NOT only someone that pays on time. I do NOT have time for dealing with tenant drama bc the new tenant is an a*$ to whomever he chooses 

Post: Deny applicant due to attitude/inappropriate comments

Account ClosedPosted
  • Rental Property Investor
  • Posts 9
  • Votes 1
Originally posted by @Matt K.:

Whats been said/promised to the future tenant? I'd assume you already told them they could have the unit...

 Yes, he was informed he was approved. A move in date was set. Utilities were being discussed as we both were under the impression he'd be moving in. 

Post: Deny applicant due to attitude/inappropriate comments

Account ClosedPosted
  • Rental Property Investor
  • Posts 9
  • Votes 1

I worked through an application and was able to approve the applicant. As time has drawn near for move in, utilities have been a topic of conversation. During such - via text message ((in writing)) the applicant made a derogatory remark regarding the competence of the utility co rep and made other disparaging remarks about the process of obtaining utilities. 

I've been around the block enough timed to know someone who would say such things to their soon to be landlord, is likely not going to be a good renter. 

I'm here to entertain some advice on how to deny the already approved applicant. 

A lease has not been signed and I have $0 of the applicants. Should be simple enough to not proceed, however I'm unsure of how to now deny based on the comments made. 

Thoughts?

Post: Retaining deposit after terminating with cause

Account ClosedPosted
  • Rental Property Investor
  • Posts 9
  • Votes 1
Originally posted by @Dan H.:

Per our lease, the deposit can be used for items other than damages and our lease was created by a local RE attorney who we assume is familiar with the local L/T regulations.

What you can use the deposit for will be determined by your lease and local L/T regulations with the L/T regulations being what applies if there is a conflict with the lease.

Therefore to get a thorough and accurate response requires knowing the location of the rental.  Then possibly someone with local knowledge of the L/T regulations could let you know what the regulations allow the deposit to be used for.  Then you would need to look at your lease and see what it states the deposit can be used for.

If a tenant breaks a lease then it is reasonable in my locale (which is a tenant friendly locale) to use the deposit to cover lost rent.  The landlord is required to attempt to rent the RE as quickly as possible.  However, with tenants required to give notice at their current residence, it is easy to justify at least 1 month to place a qualified tenant (you likely do not desire a tenant that does not give 1 month notice).  Assuming the deposit is not more than a month's rent, I would keep the entire deposit per the lease and locale L/T laws (it would take at least a month to place a qualified tenant into the unit providing the new tenant time to give proper notice).

Again, your locale may have different regulations or your lease may not specify that the deposit can be used to cover lost rent in the case of a breakage of lease.  So verify what you can use the deposit for prior to sending any correspondence indicating you are keeping the deposit to cover lost rent that resulted from the breaking of the lease by the tenant.

Good luck.

Dan, Thank you for the thorough, educated response. My lease was written by a team of local RE attorney's, it does make it clear the deposit can be withheld for reletting, and my point is exactly the one you are making. 

I posted the discussion to gain clarity regarding the notion of "who" broke the lease. They violated the lease, yet I terminated with cause. So who actually broke the lease? Me by terminating or them by violating? 

Also to add.. in addition to the security deposit, I hold refundable pet deposits. I want to charge all the cleaning expenses to the pet deposits (as that is truly the case) and hold the security for loss of rent. 

Post: Retaining deposit after terminating with cause

Account ClosedPosted
  • Rental Property Investor
  • Posts 9
  • Votes 1

I have reviewed my state's laws. There is clear indication I could retain the entire deposit if by their choice they had vacated before lease end, I am finding no clear indication of what the stipulations are if I am the one to terminate before lease end. 

It would not have been reasonable for me to try to re-rent the unit before month end (also the end of the 10 day period). The condition they had the property in prevented me from showing the unit to qualified renters. 

I am not intending to get into an argument on here, I just want to be sure where I am coming from is understood. 

Post: Retaining deposit after terminating with cause

Account ClosedPosted
  • Rental Property Investor
  • Posts 9
  • Votes 1

Rented to a man with one dog. After it turned into man, woman, 5 dogs, 3 cats, and rent paid apx 30 days late every month, I served a 10 day notice under the basis of terminating with cause. They did leave within 10 days. 

I'm looking to confirm if I can still keep the security deposit under the pretense that I lost rent as a result of their actions. Even if I had wanted to show the place after having given notice, I couldn't reasonably do so. Their dogs were aggressive and the apartment was filthy and smelled strongly of cat urine. 

As much as it makes sense to me, I'm well aware I'm not the law. Any thoughts from other landlords who prefer to stay out of court?