money put down (by Gary D Kasitz [KS]) Oct 12, 2020 2:17 PM
money put down (by NE [PA]) Oct 12, 2020 2:24 PM
money put down (by Robin [FL]) Oct 12, 2020 2:33 PM
money put down (by NE [PA]) Oct 12, 2020 2:36 PM
money put down (by Mike45 [NV]) Oct 12, 2020 2:37 PM
money put down (by Landlord ofthe Flies [TX]) Oct 12, 2020 3:09 PM
money put down (by plenty [MO]) Oct 12, 2020 3:12 PM
money put down (by FloridaNative [FL]) Oct 12, 2020 3:37 PM
money put down (by Doogie [KS]) Oct 12, 2020 7:11 PM
money put down (by Deanna [TX]) Oct 12, 2020 8:33 PM
money put down (by Bonanza [NC]) Oct 13, 2020 6:34 AM
money put down (by Ray-N-Pa [PA]) Oct 15, 2020 4:49 PM
money put down (by Gary D Kasitz [KS]) Posted on: Oct 12, 2020 2:17 PM Message:
State Specific Question About: KANSAS (KS)
If a renter puts money down to hold a property, but does not disclose on the application that they are require to register on the sex offenders list and i chose not to rent to them, Am i required to refund the entire amount of the money they provided to hold the property?
--98.186.xxx.xx |
money put down (by NE [PA]) Posted on: Oct 12, 2020 2:24 PM Message:
You approved and they put down deposit? Then you found out they lied? Or did they put down deposit when they submitted application? --70.44.xxx.xx |
money put down (by Robin [FL]) Posted on: Oct 12, 2020 2:33 PM Message:
It's strictly my opinion, but if you changed your mind about renting to that person, you should return the money. --96.47.xxx.xx |
money put down (by NE [PA]) Posted on: Oct 12, 2020 2:36 PM Message:
Well Robin, that's questionable, because the person lied and you found out before lease signing. A deposit is time off market. Time/money lost.
I think the timeline of events is where the OP's answer lies. --70.44.xxx.xx |
money put down (by Mike45 [NV]) Posted on: Oct 12, 2020 2:37 PM Message:
You should never call it a deposit. Deposits are refundable.
My policy (clearly set forth in the paperwork) is that if I reject the applicant, I have to refund the Holding Fee. I have not run into the situation where the reason I rejected an applicant who has put money down is because the applicant materially lied on the application, so that is not addressed specifically. But under my written policy, even if I reject for a very material lie, I have to refund the Holding Fee.
It might be time to update my paperwork!
--71.38.xxx.xx |
money put down (by Landlord ofthe Flies [TX]) Posted on: Oct 12, 2020 3:09 PM Message:
Just return it so he has no claim on the lease. Be glad you caught it in time. --108.69.xxx.xxx |
money put down (by plenty [MO]) Posted on: Oct 12, 2020 3:12 PM Message:
Just return it. --172.58.xxx.x |
money put down (by FloridaNative [FL]) Posted on: Oct 12, 2020 3:37 PM Message:
Agree with the consensus. Return it.
How long did you take the property off the market?
In my market not only do we get multiple offers to rent but it stays on the market until the lease is signed by all parties regardless so it is never taken off the market without the full due diligence being completed BEFORE any lease is signed.
In fact, its one of the reasons we don't accept a background or credit check from from the perspective tenant. Too much opportunity to change info on the tenants side. We run credit and background reports at tenants expense (non-refundable app fee) before we will enter into any type of agreement so the sex offender info would have shown up before any deposit changed hands. We won't run info without the prospective tenant paying for it in advance, but no holding fee. Of course, we don't hold properties for any reason. Yes, the prospective tenant lied. You caught him. Retain the fee for running the background and credit checks and return the holding fee. Your screening worked. --68.104.xxx.xxx |
money put down (by Doogie [KS]) Posted on: Oct 12, 2020 7:11 PM Message:
Return it. From your post, it was a deposit and not a holding fee. --68.102.xxx.xxx |
money put down (by Deanna [TX]) Posted on: Oct 12, 2020 8:33 PM Message:
On top of "fees" vs "deposits", always check ID. It will be marked on their ID and then you'll know up-front what you're dealing with.
SO's will be required to register in their town with the local PD for permission to live at a particular address. (At least, in TX.) On top of that, there are limitations about how close they can live to schools, parks, and so on.
It doesn't change anything but your perception if you have a conversation as to how they ended up on the list. There's a difference between an 18yo guy with a 15yo girlfriend, vs incest, vs Doing Really Bad Things to Babies, vs public urination. They're all at different places on the Scale of Inappropriate Life Choices, but some are pretty heinous and others are less so, and they all get you put into the same box.
I had one SO. (Incest.) She was one of my best tenants-- very quick to toe the line, very anxious to keep her head down, very by-the-rules, very stable, very not-anxious for me to have any excuse to get rid of her, because finding a new place was very hard. (She eventually left me after her boyfriend moved out and she couldn't keep up anymore. She rented a place across the street from one of mine, and is probably 2 or 3 years into a RTO deal. I'm sure she'll be successful.)
On the other hand, I had an applicant who was a registered SO. I called the local PD to confirm they had permission to live at a particular address. It was just thiiiis much too close to a school-- my former tenant's house across the street was okay, but my side of the street was just within the boundary. It turns out the SO hadn't checked into town to express his intentions of living here. The PD politely inquired as to where he might be found. ;) --137.118.xx.xxx |
money put down (by Bonanza [NC]) Posted on: Oct 13, 2020 6:34 AM Message:
I have a tenant that is SO. He is in his late 30s, married with 2 kids. At the time he was 18 dating a 16 year old. Girl's dad didn't like that, so now he is a SO. If you don't want to deal with it you reject all of them. Otherwise you dig and use your judgement.
At the time of application he disclosed it so there was no lying involved. Been one of my best families. Pay on time, report issues, clean and neat.
Same with drugs or bad credit. Just cause I find a drug offense on a person's record isn't an automatic reject I find out the whole story first. No application is perfect.
Assuming everything else is OK - income, rental history, etc. --65.188.xxx.xxx |
money put down (by Ray-N-Pa [PA]) Posted on: Oct 15, 2020 4:49 PM Message:
Sounds like there might be a tenant screening lesson somewhere in this tread. Are you seeing a place where this process can be improved? --24.101.xxx.xx |
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