All Forum Posts by: Samantha Coppinger

@Samantha Coppinger what does your Holding Deposit form say about all this?

Recommend:

1) You learn from this and update your form/contract to address it.

2) Change the word "deposit" to "fee". Legally, anything called a deposit is inherently refundable. So, a prospect could sue based upon this and a judge would have to decide. Avoid this and just call it a fee that MAY be refunded under specific scenarios.

Good point. I assumed you signed a lease when you said you accepted the application and took the deposit. In this case, you just need to adhere to whatever you agreed to with your prospective tenant. My apology for assuming you signed a lease.

I tell my prospects their deposit is non-refundable if they don't adhere to the written terms of the contract I use for the deposit. That would allow you to keep the deposit if they don't adhere to the agreement.

Hi Samantha:  Sorry to hear about your dilemma my friend.  I'm Ran Fridman, and I have been in the property management business for over 15 years. Having a property manager is the solution for dealing with matters that occur with problematic elements of our population, and in alleviating yourself from these kind of stressful encounters.  Prescreening tenants is the best way to handle situations before they happen. If they have low credit scores, shady history, and lots of heartbreaking stories, they don't have the money now, and they won't have the money after, and you will be sad to discover this one month down the road. Simply write the tenant prospect the following letter and be done with it:  

Hi [Prospective Tenant’s Name],

Thank you for your interest in renting our property. After careful consideration from our financial department, we have decided to return your holding deposit and not proceed with the lease. This decision is based on the need for timely and reliable communication and payments, which are crucial for a successful landlord and tenancy relationship. I wish you the best in finding a suitable home.

Best regards,
[Name of your Company]

You have a legally binding lease. You can walk away from it and the tenant can sue you to hold you accountable to the lease. They can also sue you for damages if they incur temporary housing costs, feel you discriminated against them, etc. Bad idea.

It is common for new tenants to ask for an change to the move in date ahead of the start of a lease. I've had it happen several times. The way to handle this is to tell your tenant they can move in anytime they want and the lease starts Oct 15, since you already agreed to that change. They can move in Oct 15, Nov 1 or whenever. That is up to them, but they start paying as of Oct 15.

Quote from @Samantha Coppinger:

Quote from @Samantha Coppinger:

Quote from @Kevin Sobilo:

Quote from @Samantha Coppinger:

Quote from @Kevin Sobilo:

@Samantha Coppinger, I would say you don't until they actually don't live up to what they agreed to. You agreed to change the move-in date to mid-October, so until they fail to meet that date your "feelings" about them don't give you the right to take any action.

It isn't reasonable in any way to break an agreement because of how the other party communicates. Actions determine whether you have cause to terminate an agreement, for example not paying the rent.

Imagine if tenants could break their leases without penalty if they didn't like how a landlord communicated?

Also, why would you prorate move-in money?

If a tenant moves in on October 15th, they pay the security deposit and a FULL months rent. Then, I prorate the rent and apply the overage to November. So, come November 1st, they only owe the remainder for that month. 

I never thought about doing proration, that way. I did the prorated for the days that month they would actually be living there. I just thought it was fair. And it's not just about the communication, it's about changing the move In date and being able to pay. I was looking for October 1st move in and she was ok with that until she wasn't. I agreed once. I didn't agree a second time. Her trying to move the date around multiple times shows she can't stick to an agreement she signed. How can I be sure she will stick with a lease she signed. 

One more thing to think about. If you do try to break your agreement like you want. YOU will be the one who did not live up to the agreement!

So, the EXACT thing you think this prospective tenant MIGHT do, is what YOU YOURSELF ACTUALLY WOULD BE DOING!

Doesn't seem so crazy when you now have to face that you behind the scenes are acting as inconsistent as they have been to your face. Pretty ironic, isn't it?!?

Well not if I signed paperwork saying If I break it for any reason I give back the deposit. Sooo covered myself there. Stop turning it on me and actually answer what I asked in the initial post about how to professionally turn them down now. Thanks anyway enjoy your day!

You just don't like that what I'm saying makes sense. You are holding the flakiness against them while trying to justify doing the exact same thing yourself. Let's face it YOU would NOT rent to YOU based on what you're saying here.

I hope you consulted a lawyer before adding that out clause for yourself. Just because you add something to an agreement doesn't mean its legal or enforceable. It may be, but I would want to be certain.

You accepted them and now less than 2 weeks before move-in you want to cancel on them. If I was them, I would sue you for damages. Oral agreements for rentals are allowed in most places but default to month to month. So, if I was the tenant I would be suing you for liquidated damages because you very well may be costing them money and causing them harm.

You are talking about jerking them around about one of the most important things in their life. So, its no small thing to be doing to someone. So, stop thinking this is all about you and not feeling like you are responsible for any of this.

Quote from @Samantha Coppinger:

Be honest with them. Their behavior indicates they are not responsible and don't have the finances to afford your rental. Tell them you are canceling the agreement and putting it back on the market. That gives them a full month to find something they can afford.

Quote from @Kevin Sobilo:

Quote from @Samantha Coppinger:

Quote from @Kevin Sobilo:

@Samantha Coppinger, I would say you don't until they actually don't live up to what they agreed to. You agreed to change the move-in date to mid-October, so until they fail to meet that date your "feelings" about them don't give you the right to take any action.

It isn't reasonable in any way to break an agreement because of how the other party communicates. Actions determine whether you have cause to terminate an agreement, for example not paying the rent.

Imagine if tenants could break their leases without penalty if they didn't like how a landlord communicated?

Also, why would you prorate move-in money?

If a tenant moves in on October 15th, they pay the security deposit and a FULL months rent. Then, I prorate the rent and apply the overage to November. So, come November 1st, they only owe the remainder for that month. 

I never thought about doing proration, that way. I did the prorated for the days that month they would actually be living there. I just thought it was fair. And it's not just about the communication, it's about changing the move In date and being able to pay. I was looking for October 1st move in and she was ok with that until she wasn't. I agreed once. I didn't agree a second time. Her trying to move the date around multiple times shows she can't stick to an agreement she signed. How can I be sure she will stick with a lease she signed. 

One more thing to think about. If you do try to break your agreement like you want. YOU will be the one who did not live up to the agreement!

So, the EXACT thing you think this prospective tenant MIGHT do, is what YOU YOURSELF ACTUALLY WOULD BE DOING!

Doesn't seem so crazy when you now have to face that you behind the scenes are acting as inconsistent as they have been to your face. Pretty ironic, isn't it?!?

Well not if I signed paperwork saying If I break it for any reason I give back the deposit. Sooo covered myself there. Stop turning it on me and actually answer what I asked in the initial post about how to professionally turn them down now. Thanks anyway enjoy your day!

Quote from @Samantha Coppinger:

Quote from @Kevin Sobilo:

@Samantha Coppinger, I would say you don't until they actually don't live up to what they agreed to. You agreed to change the move-in date to mid-October, so until they fail to meet that date your "feelings" about them don't give you the right to take any action.

It isn't reasonable in any way to break an agreement because of how the other party communicates. Actions determine whether you have cause to terminate an agreement, for example not paying the rent.

Imagine if tenants could break their leases without penalty if they didn't like how a landlord communicated?

Also, why would you prorate move-in money?

If a tenant moves in on October 15th, they pay the security deposit and a FULL months rent. Then, I prorate the rent and apply the overage to November. So, come November 1st, they only owe the remainder for that month. 

I never thought about doing proration, that way. I did the prorated for the days that month they would actually be living there. I just thought it was fair. And it's not just about the communication, it's about changing the move In date and being able to pay. I was looking for October 1st move in and she was ok with that until she wasn't. I agreed once. I didn't agree a second time. Her trying to move the date around multiple times shows she can't stick to an agreement she signed. How can I be sure she will stick with a lease she signed. 

One more thing to think about. If you do try to break your agreement like you want. YOU will be the one who did not live up to the agreement!

So, the EXACT thing you think this prospective tenant MIGHT do, is what YOU YOURSELF ACTUALLY WOULD BE DOING!

Doesn't seem so crazy when you now have to face that you behind the scenes are acting as inconsistent as they have been to your face. Pretty ironic, isn't it?!?

Quote from @Kevin Sobilo:

@Samantha Coppinger, I would say you don't until they actually don't live up to what they agreed to. You agreed to change the move-in date to mid-October, so until they fail to meet that date your "feelings" about them don't give you the right to take any action.

It isn't reasonable in any way to break an agreement because of how the other party communicates. Actions determine whether you have cause to terminate an agreement, for example not paying the rent.

Imagine if tenants could break their leases without penalty if they didn't like how a landlord communicated?

Also, why would you prorate move-in money?

If a tenant moves in on October 15th, they pay the security deposit and a FULL months rent. Then, I prorate the rent and apply the overage to November. So, come November 1st, they only owe the remainder for that month. 

I never thought about doing proration, that way. I did the prorated for the days that month they would actually be living there. I just thought it was fair. And it's not just about the communication, it's about changing the move In date and being able to pay. I was looking for October 1st move in and she was ok with that until she wasn't. I agreed once. I didn't agree a second time. Her trying to move the date around multiple times shows she can't stick to an agreement she signed. How can I be sure she will stick with a lease she signed. 

@Samantha Coppinger, I would say you don't until they actually don't live up to what they agreed to. You agreed to change the move-in date to mid-October, so until they fail to meet that date your "feelings" about them don't give you the right to take any action.

It isn't reasonable in any way to break an agreement because of how the other party communicates. Actions determine whether you have cause to terminate an agreement, for example not paying the rent.

Imagine if tenants could break their leases without penalty if they didn't like how a landlord communicated?

Also, why would you prorate move-in money?

If a tenant moves in on October 15th, they pay the security deposit and a FULL months rent. Then, I prorate the rent and apply the overage to November. So, come November 1st, they only owe the remainder for that month.