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MrLandlord Q & A
last minute mind change (by Bob [KS]) Apr 20, 2021 11:41 AM
       (by razorback_tim [AR]) Apr 20, 2021 12:58 PM
       (by S i d [MO]) Apr 20, 2021 3:11 PM
       (by Jerry [MA]) Apr 20, 2021 4:11 PM
       (by Phil [OR]) Apr 20, 2021 9:00 PM
       (by Sid and Jerry [KS]) Apr 20, 2021 9:34 PM
       (by Gail K [GA]) Apr 20, 2021 10:56 PM
       (by plenty [MO]) Apr 21, 2021 9:21 AM

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last minute mind change (by Bob [KS]) Apr 20, 2021 11:41 AM

Signed lease 1st of march to start 2 weeks later. Last months and dep collected at that time.

6 days later get text from tenant saying "you didnt change the expiration as per requested" . The expiration was not nego and is boldly displayed on multi docs signed.. even application.

On move in day tenant was not willing to share info and demanded the expiration be changed as per requested or no deal.

Manager willing to change with proof of renters ins verification.

Tenant reluctantly let manager look at the ins doc and quickly took it back.. unable to verifiy valitity?

She walked and is just demanding full refund and how that refund is to be returned on her terms daily???

Does the manager/ landlord have any recourse?

last minute mind change (by razorback_tim [AR]) Apr 20, 2021 12:58 PM

This probably depends on KS law and your lease, but you clearly had a contract with consideration given. Here I would try to re-rent the property as quickly as possible and hold her responsible for rent until it was re-rented.

last minute mind change (by S i d [MO]) Apr 20, 2021 3:11 PM

As with most things, this should have been spelled out in the holding agreement as far as what the conditions are--if any--that the tenant can back out and receive a full refund. If there is nothing, then odds are it would be in your best interest to return the money and re-rent quickly. If you're feeling confident, you could try a negotiation; maybe offer to return all but 1 weeks' worth of rent. See what they say. Can't hurt to suggest something.

"Mrs. Tenant, how can I let you have this all back when we already discussed that the expiration was non-negotiable and me holding this property vacant for you has made us lose money from other renters who were okay with our terms?"

Follow up with, "We want to be fair to each other, right?" Get her to walk in your shoes for a few minutes.

Regardless, this has exposed a weakness in your policies and procedures. Use the lesson we learn here and type up a "Holding Agreement" that spells out what has to happen, when, where, etc. and what happens if the tenant breaches the reservation period.

My Holding FEE agreement says that if they back out for ANY reason, or if I find out later after approval that they falsified information (i.e. current LL gives great reference to get rid of a bad tenant, but then files eviction for non-payment the day after I approve their application; I actually had this happen once) that the entire Holding Fee is forfeit as liquid damages. My holding fee is $400, which is roughly equal to 2 weeks of rent. I recently changed my policy and will not hold longer than 7 days. Used to be 14. But rentals are flying off the market now. There's no reason to wait longer.

Get your Holding Fee agreement typed up today while you're making up your mind on the current situation. This scenario must never happen again without you having a detailed plan on what happens.

last minute mind change (by Jerry [MA]) Apr 20, 2021 4:11 PM

Bob, what kind of expiration is he talking about? The lease expiration? He wanted something other than a 1 year lease?

last minute mind change (by Phil [OR]) Apr 20, 2021 9:00 PM

Do as razer back says. I had the same thing happen a few years back. Filed small claims and prevailed. Signing a lease is a contract.

last minute mind change (by Sid and Jerry [KS]) Apr 20, 2021 9:34 PM

Tenant decided on a different day that tenant wanted lease to expire.

Lease and App repeat that lease expiration on July 20 no matter when started... Its has to do with how the whole community turns at the same time and if you are not in sync with the community it gets difficult to release.

I have a policy of collection last months rent at lease signing. It is stated last months rent is to be used only as last months rent only and is non-refundable. That has been my catch all for issues like this.

again, I asked tenant to let me verify tenant renters ins and if all good I will nego what she wanted. Tenant would not let me verify Ins and walked away as though I was not willing to work with her. She has been demanding with texts and call telling me to get her full cash or cashiers check for full amount and she wants to know when she can pick it up in a threat tone...

last minute mind change (by Gail K [GA]) Apr 20, 2021 10:56 PM

Sounds like this applicant would be a pain in a low spot.

Refund her money (send it to her in the mail) and then block her to avoid further texts and calls. Then be happy you dodged a bullet on this one.


last minute mind change (by plenty [MO]) Apr 21, 2021 9:21 AM

Any you want to help her to stay/ move in? Refund and be done with her. Raise the rent in the new add and find a cooperative resident

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