All Forum Posts by: Chad Braungart

One thought is that I relook at their income (because that is what is mainly going to be affected) and meanwhile look at all the new applicants in the same pool and see who may be a better fit now that there are more applicants in the mix and base my new selection on the best fit applicant.

The remaining two are aware that I have been showing the place and screening through new applicants at this time.  They have verbally stated that they wish to cancel the agreement and I let them know that I would be returning the security deposit. They then followed up 3 days later to change their mind.

I'm not sure of the legalities of this but there was an agreement that the lease was going to be cancelled and that I would be returning the security deposit.  Not sure how verbal agreements would hold up in court if this ever went in that direction but I feel that having this death prior to taking possession of the premises changes the way I had screened them based on income.

Yes the lease states that they are jointly and severally liable. Security deposit was cash split between the 3 people.

Benjamin: Since they have signed the lease and provided security deposit but not moved in to take possession, how would the death of one of the applicants affect this situation?  I understand if someone passes during a tenancy but they have not taken possession of the unit.  Let me know your thoughts.

There is a signed lease albeit with one person deceased and we did take it off the market briefly.  I like the thought of providing me with a death certificate but not sure how I would go about releasing the security deposit to the estate.

The applicants plan on moving in a 3rd roommate after they take possession.  

To answer above the area is a blend of college students/graduates and people in roommate situations and there are less families that tend to come through the area.

Yeah I'm not sure how to return the security deposit as they had split it cash among themselves so if I return all there could be some issues there with the 3rd deceased applicants money (not sure where this would go).  

I do have other applicants lined up.  I feel this would be a business decision to advise them that they already backed out and I will be returning the security deposit and move on as this is an odd situation all around.

I'm not sure where I should give the security deposit back for the deceased persons portion.

I am trying to leave the emotional part out of it.  My thoughts are I need to resign a new lease agreement as the one applicant who passed away is no longer able to uphold the lease agreement but I'm not sure it would be required.  

From  business standpoint I'm looking to recheck their income and see if they are still acceptable with 2 out of the 3 people who were going to move in.

So I have a very rare and unusual case here.  I have an open apartment and showed it to a group of three friends.  They apply and everything goes through as far as screening and we sign the lease and received the security deposit with the plan to move in March 1st.   I advised them that they could move in earlier if they wanted and were planning on moving in on the 20th.  I receive a call on the 14th and the lead guy let me know that one of the friends had died and they wanted to break the lease agreement.  At this time I had to pause but decided to return the security deposit (which I still have).  

I have in the mean time begun to show the apartment with a lot of new interested applicants and advised a few other people who have applied that the apartment is now available again.  Just today (2/17)  I received a call from him and now he lets me know that they still want to move in now.  They would plan on moving in and would look for a third roommate.

I'm stuck here as I have advised many people that the apartment is available but now I have a lease that has been signed by 3 people but only two are alive.  I'm thinking that the lease would become void due to the death but I'm not certain.  My thoughts are that they would need to be rescreened based on the income of the two people as only two people would be moving in before they find a 3rd roommate and resign a new lease.

I'm trying to figure out the best way to handle this situation as I'll be letting some people down no matter what I do.  

Any thoughts or ideas on how to move forward on this?

Hello all,

Long time lurker first time poster. I have an apartment currently rented (brother & sister). The sister decides she is moving out so I begin looking for the brother to find a suitable person to fill the room. In the lease they are required my permission to sublet and I want someone in there to be properly screened.

I eventually show the apartment to a new tenant and he likes the apartment and goes through the screening process (SmartMove!) and called previous landlord to see how he is. He passes with flying colors with more that enough income and great credit score. I just received a text today from the brother saying that things have changed and she wants to stay now.

Looking back I realized I should have issued a Notice to Move out with an end date for her to move out before starting a new lease for the Brother/New tenant. Am I required to let the Sister stay (they are great tenants) or am I required to have the new tenant move in?