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All Forum Posts by: Amanda Thompson

Amanda Thompson has started 28 posts and replied 118 times.

I know this post is from 3 years ago, but for future viewers:

I searched the forum for this exact question! What I'm planning to do is write a lease as normal, but have the tenant and the rep from the company both sign it. The rep is acting as the guarantor on behalf of the company. I am also writing an addendum to attach to the lease that outlines the company is responsible for all costs associated with the lease (utilities, rent, etc) as well as liable for any costs of damages or lease violation fees. 

Quote from @Zachary Ware:

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

Always solid advice to get it in writing. Thank you!
Quote from @John Clark:

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. 


 Thank you for your advice. This is kind of my thought as well. 

Quote from @Greg M.:

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.

Yes, the owner is my husband. If I wasn't clear, we aren't removing anything because it might break. He installed it when he built the place and decided not to continue putting disposals in rentals. We would be removing it now because it is leaking.

Thank you so much for your reply! I always enjoy hearing from other property managers. ☺️ 

Our tenants want to install a new garbage disposal. They would be purchasing it, and they asked if they had permission to install it. I made sure to let them know we would not be maintaining it and they were responsible for it. My husband (we own the property and I manage it through my business) said he would professionally install it for free (to make sure it was done correctly) but once the appliance is installed, it becomes part of the property and the renters can't take it with them when they leave. I read through the lease carefully and it doesn't specify what to do in this situation (something to add to future leases). The property originally had a garbage disposal (which is now leaking) but the owner has phased out having garbage disposals in rentals and offered to come remove the disposal (at no cost to the renter, of course). 

Do you agree that this type of improvement becomes part of the property? Or do you think the renter should be able to take it with them when they eventually move out?

Post: Changed my mind about applicants... legally ok?

Amanda ThompsonPosted
  • Property Manager
  • Boise, ID
  • Posts 119
  • Votes 48
Quote from @Mackaylee Beach:

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!


 Thank you so much for your support! Definitely dodged a bullet. 

Post: Changed my mind about applicants... legally ok?

Amanda ThompsonPosted
  • Property Manager
  • Boise, ID
  • Posts 119
  • Votes 48

WOW. I just came to the house and swept, went through to make sure everything looked great, helped my husband finish up the last piece of the puzzle. They just emailed me to say, due to "unforeseen circumstances" they will be unable to rent it. 

OHHH THE THINGS I WANT TO REPLY. But I won't. I dodged a bullet and learned a valuable lesson. Do not bend over backwards for people who want to rent. I will bend ALMOST backwards for my renters to make sure they are happy in their homes. But until they sign that lease, they shouldn't be my main focus. 

Thank you for all your advice!

Post: Changed my mind about applicants... legally ok?

Amanda ThompsonPosted
  • Property Manager
  • Boise, ID
  • Posts 119
  • Votes 48
Quote from @Scott Mac:

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!


 Lol thank you! 😉

Post: Changed my mind about applicants... legally ok?

Amanda ThompsonPosted
  • Property Manager
  • Boise, ID
  • Posts 119
  • Votes 48
Quote from @Patricia Steiner:

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...

Very good advice. And yes, I always sign last. In this case, I drew up the lease and sent it for their signature, which they did not provide and informed me they wouldn't be signing it by the agreed move in date. So, none of us signed it. 

If they are in any way demanding today, I was planning to tell them that we've decided to wait until we have a few more applications to consider. Unfortunately, as of yet, we have no other applications! But an empty house for a little while is worth more to me than a year of stress. 

Post: Changed my mind about applicants... legally ok?

Amanda ThompsonPosted
  • Property Manager
  • Boise, ID
  • Posts 119
  • Votes 48
Quote from @Russell Brazil:

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


 Same! I keep it on the market until the lease is signed by all parties.