Originally posted by @JD Martin:
You have them sign the lease and pay at the same time. Your risk here is if the existing tenant doesn't bail you are going to have some problems, because you have legally agreed to rent a place that isn't available for the tenant. They can sue you for damages, which might include everything from staying in a hotel trying to find another place to having to eat at restaurants because they don't have a kitchen. You could attempt to recover that money from the tenant that didn't leave, but I wouldn't count on it.
If it were my property, I would leave some space between the last tenant leaving and new tenant coming in, at least a few days to allow for proper cleaning and repair of anything that needs done. Unless your rental market is so bad that you need a whole month to try to find a qualified renter. In general, I don't bother marketing our properties until the tenant is gone and the unit is empty. We might lose a week's worth of rent with this approach but the couple of hundred dollars is just the cost of doing good business.
Thanks. The market is pretty strong, and I have had a high level of interest. The reason for listing now vs. waiting is, in my limited experience (mostly listing the same property last year), it seems the most qualified tenants don't wait until the last minute to look. i.e. IME if someone has an existing lease coming up and wants to move in early August, they're not gonna wait til July 31 to look. I can easily afford to eat a month of vacancy, but don't see why I would do that if I can get a qualified renter lined up with no vacancy or only a few days vacancy.
Existing tenant has been a great tenant, great communication, great credit, keeps the place well kept, paid on time every month etc. I don't see it as likely she would squat post her lease end July 31, but I guess anything is possible. I did a walk through prior to listing so I am up to speed on the condition and it's essentially move in ready, I will have it professionally cleaned prior to turnover and there's one discretionary thing I might have done. I have had great cooperation from this tenant any time I need to get a contractor in so I do not anticipate problems addressing any unforeseen repairs that come up (and again, I just walked through the house last week).
Main reason I am asking is I re-read the ultimate guide to renting your house https://www.biggerpockets.com/renewsblog/2013/01/0... and it mentions a deposit to hold agreement, but it doesn't discuss the pros/cons of doing that vs. just signing the lease. At what point do you take a deposit to hold and sign a deposit to hold agreement, vs. just sign a lease?
Fwiw the new applicant also has some flexibility on time, they do not have to move in Aug 1 ... I supposed I should not have said lease "obviously beginning Aug 1" in my OP, I mean't Aug 1 or after. I could leave a few days breathing room if I don't think the two can cooperate in giving me time to have it professionally deep cleaned either July 31 or Aug 1, that is something I will discuss w/ both before signing anything.