All Forum Posts by: Amanda Thompson

Whichever way you go, I agree with Greg that you and the tenant should put it in writing and sign! 

It’s a chattel, not a fixture; easily removed and taken away without harm to the property. If your husband wants to install it in exchange for taking title to the disposal, that’s one thing, but it is by no means a fixture. It remains the personal property of the tenant absent an agreement to the contrary. 

The owner has phased out having garbage disposals in rentals. The owner being YOU! I will never understand the desire to remove things from units just because they may break. 

It's a so-called permanent fixture, so it should stay with the unit. However, if your lease says the unit needs to be returned in like condition, they could argue they are not only entitle to remove it, but they are required to remove it based on the lease.

Just have them sign something that states it stays when they leave and they will receive no compensation for it.

While it's unfortunate that your property remains vacant, it seems like it turned out to be a proactive situation to avoid future headaches. Keep marketing and don't stress yourself out too much. Wishing you all the best, and hoping a new prospect comes your way soon!

Bringing a dad who know construction (to rent a (brand new) house) and who knows real estate to (haggle) your lease...

That's all I have to say about this.

Good Luck!

A technicality first...the tenant always signs the lease first and then the landlord signs last to accept the lease.  This is important because - if you haven't signed the lease nor have they, there is no implied or actual commitment to lease.

I would thank them for advising of their walk-through request and while it is not objectionable, you have moved forward with other interested applicants since they did not sign the lease when presented. As such, you feel an obligation to those other applicants in allowing them to finish their screenings and be considered as tenants.  

There is no Fair Housing issue here as your decision not to hold a property for their continued inspection is not a criteria under the Act.  By letting them know that you've moved forward with other applicants, you're letting them know that it is 'your ball, your court' - and they are not controlling the process.  They may respond by wanting to sign the lease immediately, by accusing you of hiding something, or they may just go away.  My recommendation would be to each time - regardless of their response - to thank them for following-up with you but as you've shared, you are moving foward with tenant selection and will hold their application for consideration.  

I wouldn't be interested in this tenant; it's a power play on their part and one thing I know for sure:

What starts out crazy, ends crazier.

Bolt...

I always keep advertising a unit until I have both a signed lease and security deposit in hand.