All Forum Posts by: Julie Hartman

We typically have a standard cut off date for what is due. For example, if a move-in takes place on the 20th of the month or after, then the prorated amount for the rest of that month + the next month of rent. If the move-in date is prior to the 20th, then only the prorated amount for that month would be due. This along with the deposit, of course. In your case, if the move-in is mid-month, then just the prorated amount for that month makes sense. 

Quote from @Jack Wang:

Quote from @Julie Hartman:

@Jack Wang The landlord should have known the deposit return laws of his state because the tenant could very well win treble damages now. Of course the tenant is going to take this all the way as he stands to make a lot of money from the landlords mistake. If the landlord wants to avoid court and a judgement against him, I would return the full deposit and call it a lesson learned. Then I would get very familiar with the laws of your state so you can avoid this mess in the future. 

 There's no chance the judge would rule in this case for the landlord to return deposit less itemized deductions with receipts? Even the tenant agreed that there are reasonable deductions like for the garage key. 

It depends on your appetite for risk. Do you really want to take that gamble in court? Do a few light bulbs and a garage key add up to $1500? If you fight this, it may turn into a $5400 loss for you. Maybe in TX the judges are more landlord friendly but given the deposit should have been handled within the time allowed by law, I doubt you would get the judgement in this case. There was no reason the deposit should have been held over 60 days. Most states require it be returned within 30 days unless otherwise stated in the lease and even then never more than 60 days. The tenant may be agreeing to some charges now but as soon as he educates himself, he'll quickly figure out that he may walk away with 3x his original deposit. I would strongly encourage you to hire a property manager going forward.

@Jack Wang The landlord should have known the deposit return laws of his state because the tenant could very well win treble damages now. Of course the tenant is going to take this all the way as he stands to make a lot of money from the landlords mistake. If the landlord wants to avoid court and a judgement against him, I would return the full deposit and call it a lesson learned. Then I would get very familiar with the laws of your state so you can avoid this mess in the future. 

I hope you ran more of a background check on her than just her income. She either has really back luck or she's playing you. She's not going to pay you. You should have already posted her. Letting things get to this point makes is much more messy and costly for you. And feeling sorry for someone doesn't do them or you any favors. How you handle this will depend on the laws of your state and what your lease agreement says. Unless her mother is also listed on the lease, I would stop communicating with her mother through text messages. You don't even know if the tenant is receiving the information. Put things in writing and mail them to her + hand deliver to the door. I would start by posting an eviction notice immediately and contact an attorney. She will likely give you another story and drag this out. Yes, you can certainly try telling her she can leave by the 31st and you will call it even. Though she may give you more excuses why she can't leave and you are back to square one. If her lease expires on the 31st, you should have already sent her a non-renewal notice.
Once you are through this ordeal, I would strongly encourage you to hire a property manager.

Well, hopefully you do a good job of choosing and screening the tenants so that you don't have to worry about leaving the house in their care. I have a friend who house hacks and leaves town all the time. She has a camera in the garage so she can check that the door is being closed. She also has a garage door opener that can be operated remotely in case a tenant leaves it open. There is a doorbell camera so she can monitor who comes and goes as well. Do a good job screening and cover a few other bases and you will be fine.

It doesn't matter what you believe or what a prospect tells you, it's up to you to verify everything. And even then, documents can be fabricated. With time and experience, you will get better at research and verification. Solid policies and a solid lease agreement are also necessary tools to have at your disposal. Good luck!

Quote from @Sky Lin:

Thanks again for all your response.

Only thing I want to edit are Property address and LLC name(for rent payable to)

I spent $400 for rental agreement for my few single family house from same attorney. Rental agreement is strong and good in Microsoft word format, which I can reuse every time I have a new tenant.

For 4-plex rental agreement is in pdf format, which address and LLC name(for rent payable to) are not edible. beside that, everything else are edible.

I emailed attorney regarding my concern. No respond so far because of weekend.

If he refuse to change to edible and want me pay for more contract fee in the future, I will move on to some one else. (I respect attorney, but there are just too many attorney and I will find someone willing to draft a edible Contract for me)

Anyway, Thank you for your respond.

I appreciate that. Thanks again.

I am not an attorney but perhaps the issue is the LLC, which you didn't mention in your question. It's possible the attorney is charging you for the change of LLC each time. I would clarify that and go from there. Good luck!

I think what you are looking for is a lease template that you can use for any type of property. The important parts of the lease use basically the same boilerplate language for the state you are doing business in. The utility section should be editable for any type of property you have. For example, our lease has check boxes for various utilities that we check off if they apply to that particular property. I would press your attorney on this and make sure you receive your lease package in an editable format to customize it yourself. 

@Kenny Luna Surely there is someone else out there who doesn't need to wait 2 months. I would not hold anything unless they are willing to pay the two months of rent as a holding deposit, assuming your state allows that. Whenever we are asked this question, we tell the prospect that the lease starts on X date, if that doesn't work for them, they are welcome to check back to see if the unit is still available and go from there. We've never had to wait for anyone. 

@Austin Petrie We manage single family homes all over the greater Denver metro area. Feel free to DM me for more information.