suit on holding fee (by bet [MA]) Sep 15, 2021 10:04 AM|
suit on holding fee (by Ray-N-Pa [PA]) Sep 15, 2021 10:32 AM
suit on holding fee (by Oregon Woodsmoke [ID]) Sep 15, 2021 10:45 AM
suit on holding fee (by bet [MA]) Sep 15, 2021 11:00 AM
suit on holding fee (by Jason [VA]) Sep 15, 2021 11:22 AM
suit on holding fee (by Vee [OH]) Sep 15, 2021 11:28 AM
suit on holding fee (by plenty [MO]) Sep 15, 2021 11:28 AM
suit on holding fee (by Robert J [CA]) Sep 15, 2021 11:40 AM
suit on holding fee (by Moshe [CA]) Sep 15, 2021 11:52 AM
suit on holding fee (by DJ [VA]) Sep 15, 2021 12:38 PM
suit on holding fee (by Johnny B. [MA]) Sep 15, 2021 12:58 PM
suit on holding fee (by bet [MA]) Sep 15, 2021 1:11 PM
suit on holding fee (by BRAD 20,000 [IN]) Sep 15, 2021 2:21 PM
suit on holding fee (by plenty [MO]) Sep 15, 2021 2:29 PM
suit on holding fee (by MC [PA]) Sep 15, 2021 7:19 PM
suit on holding fee (by Steve [MA]) Sep 16, 2021 6:52 AM
suit on holding fee (by TA [CA]) Sep 17, 2021 5:57 AM
suit on holding fee (by WMH [NC]) Sep 17, 2021 8:39 AM
suit on holding fee (by NE [PA]) Sep 17, 2021 8:45 AM
suit on holding fee (by Small potatoes [NY]) Sep 18, 2021 12:19 PM
suit on holding fee (by Moshe [CA]) Sep 18, 2021 12:28 PM
suit on holding fee (by Laura [MD]) Sep 18, 2021 6:07 PM
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suit on holding fee (by bet [MA]) Posted on: Sep 15, 2021 10:04 AM
They did not move in, so I told them, they lost their holding fee. We both signed the written agreement for a move in date of 1st of the month. They are claiming I told them they could move in sooner than the 1st of the month. I offered that they could if the current tenants vacated before the 31st/ end of the month, which they did not. So now they are threatening small claims suit. Apt is still vacant. Thoughts please --73.227.xxx.xxx
suit on holding fee (by Ray-N-Pa [PA]) Posted on: Sep 15, 2021 10:32 AM
Seems like a big headache ahead. How much money are your arguing about? --24.101.xxx.xxx
suit on holding fee (by Oregon Woodsmoke [ID]) Posted on: Sep 15, 2021 10:45 AM
Tenants often threaten court and very rarely actually do it. How clear is your contract that the holding fee is non-refundable? --76.178.xxx.xxx
suit on holding fee (by bet [MA]) Posted on: Sep 15, 2021 11:00 AM
Agreement is very clear. Sometimes the only way to find out if we will win in court, is to go to court. Its a lot of money. --73.227.xxx.xxx
suit on holding fee (by Jason [VA]) Posted on: Sep 15, 2021 11:22 AM
Block them and remove them from your thoughts. You'll never hear from them again, it's just a lot of barking. Do you think they're going to pay the $100 filing fee knowing they won't win? No. --73.177.xxx.xx
suit on holding fee (by Vee [OH]) Posted on: Sep 15, 2021 11:28 AM
I agree with Jason above me, this is very much like going to the dog kennel - lots of barking for attention from every critter that wants attention, food, exercise with the need to stop and water the fire hose connections... Sometimes a letter from an atty shows up and if it goes to court the wannabe tenant loses more as the atty will explain why he needs a huge retainer for -helping- them understand what they should have before the atty was engaged. --76.188.xxx.xxx
suit on holding fee (by plenty [MO]) Posted on: Sep 15, 2021 11:28 AM
Are your courts even open? Re read your paperwork. Make sure the word deposit is not in there anyway. Most people don't understand the difference between holding fee and deposit. Did you agree to apply this fee to monies due for deposit at lease singing, did they sign the lease? I agree with others they usually move on. --172.56.xx.xxx
suit on holding fee (by Robert J [CA]) Posted on: Sep 15, 2021 11:40 AM
With ton's of rentals I do NOT want someone who can't come up with 100% of the move in fee's and executive a lease so I'm not in favor of accepting a "Holding Deposit". Sign an Pay NOW, and get your keys when it's time to move in.
When my last person tried to get out of a lease before they moved in, I told them I will try to mitigate the damages by trying to re-rent it. But they have to give me a 30 day notice and the keys back, explaining why they don't want the rental anymore. Then once I've got a replacement tenant, I can pro-rate the rent and give them a refund. This tenant wasn't having none of that, her father is a big shot attorney. I tired to explain real estate law to a corporate attorney. After 1 week of no 30 day notice and a refusal to return the keys, I modified my resolution. I will not try to re-rent the unit, I'm going to give it to a realtor who charges 1 months rent. That fee will be deducted from the tenants deposit along with the prorated rent. Their fighting me just cost them 1 months rent, $2,400. --47.155.xx.xxx
suit on holding fee (by Moshe [CA]) Posted on: Sep 15, 2021 11:52 AM
Its not likely that the court would overrule a written holding agreement PROVIDED THAT THE HOLDING AGREEMENT IS LEGALLY VALID IN EVERY RESPECT.
suit on holding fee (by DJ [VA]) Posted on: Sep 15, 2021 12:38 PM
You mean the same way we used to think that there was no way the government could void perfectly well-written and valid rental contracts?
Just saying.... : p --68.229.xxx.xxx
suit on holding fee (by Johnny B. [MA]) Posted on: Sep 15, 2021 12:58 PM
Sept 1st move in date? I donít understand why they didnít move in as planned? Just because they couldnít move in early they didnít want it at all? Iíd keep the money and obviously not rent to them at this point. Or come to an agreement to refund them the pro-rated amount of lost rent after you find a new tenant. The whole point of the holding fee is to prevent lost rent when an apartment is rented with a future move in date. --73.186.xxx.xxx
suit on holding fee (by bet [MA]) Posted on: Sep 15, 2021 1:11 PM
Johnny B, actually. The point is also so the landlord does not rent it to someone else. You are holding it for them. Honestly they pulled a Karen ( my apologizes to anyone named karen). If they could not have it their way, they didn't want it at all. They rented a moving truck without having the keys, or signed a lease or calling me. Never Never ever will I ever offer anyone the possibility of moving a few days early. They knew the place was occupied, they knew I was powerless as to if the tenant would move sooner. The agreement was signed for a Sept 1 move in date. --73.227.xxx.xxx
suit on holding fee (by BRAD 20,000 [IN]) Posted on: Sep 15, 2021 2:21 PM
Puffery. Puffing up their chest and making threats to distract you from their lies.
Re- check their court record, current LL. I'll bet they were evicted. Explains the truck, the urgency, the complaining...
Lots say they will sue but it's just puffery.
THIS is another reason we don't do holding fees. Either rent it or not. Sign, pay deposit and first month, wait for keys.
Works for me.
Future: no verbal agreements and no early move in without payment for those days.
My lease is clear: The terms of the written lease override any verbal communication.
You are a pro - Stay strong!
suit on holding fee (by plenty [MO]) Posted on: Sep 15, 2021 2:29 PM
Refund the money. Lease signed. Money most likely was applied to security deposit. ? There wasn't a home for them as agreed upon. Keep goin. Life's too short. --172.58.xxx.xxx
suit on holding fee (by MC [PA]) Posted on: Sep 15, 2021 7:19 PM
My lease specifically states that it will become a security deposit if they move in by X date, otherwise it is non refundable. Written says the first. They lost the holding fee. I say keep it. Do they have keys? If so, they are still there or have been there for September. Get it in writing they are leaving. My guess is they found something else. Why should you have to be penalized? --73.230.xxx.xx
suit on holding fee (by Steve [MA]) Posted on: Sep 16, 2021 6:52 AM
Bet, since you have a signed contract, I wouldn't be losing any sleep over this. IMO provided that you give them an accounting of how the funds were used to re-rent the unit (advertising costs, screening fees, RE commission, lock changes, utilities consumed, etc) from 09/01/2021 until it's rented. If there's any money still due they will be billed & of course if there's any money left they will get a check. As I'm sure you know the actual outcome depends a lot upon how your agreement is actually worded.
FYI these are the current filing fees for MA small claims
At the time of the filing, you must pay a small court entry fee. This fee and any other court fees will be assessed against the Defendant if you win your case. The fee varies depending on the amount of your claim.
Small claims of $500 and under= $40
Small claims of $501 to $2,000 = $50
Small claims of $2,001 to $5,000 = $100
Small claims of $5,001 to $7,000= $150 (The filing fee for claims of property damage of more than $7,000 arising from an automobile accident is also $150). --71.184.xxx.xxx
suit on holding fee (by TA [CA]) Posted on: Sep 17, 2021 5:57 AM
A non refundable fee of losing the whole security deposit as a penalty wouldn't be legal here in CA. You can only charge them for your actual costs, the unpaid rent until it is rented out (unless you both agree, but if they are going to sue you they don't agree).
Does MA allow you to keep the whole security deposit if they break the lease, and also don't agree to a flat early termination fee? --107.3.xxx.xx
suit on holding fee (by WMH [NC]) Posted on: Sep 17, 2021 8:39 AM
We don't offer possible early move-ins anymore for the most part. There's always something we could do in the place if it's empty (and paid for by the last folks.) And even if there isn't, the first at noon is the move-in date and time.
So much less stress when we just stick to our rules and schedules. --50.82.xxx.xxx
suit on holding fee (by NE [PA]) Posted on: Sep 17, 2021 8:45 AM
They werenít able to move in early and still havenít moved in at their earliest possible chance? They found somewhere else. Iíd ignore them. --24.152.xxx.xx
suit on holding fee (by Small potatoes [NY]) Posted on: Sep 18, 2021 12:19 PM
In NY we can't charge a holding fee, so the security would be returned except for the days it takes you to rerent. Interesting that in NY their security might not be covers by the 14 day rule since they didn't have keys. In which case I'd keep it and return funds if it's rerented.
I don't do early move in. If anything, I prorate the 'early' portion. It never works out to do someone that favor, or just let them move in the stuff.
I like Robert's idea of giving it to a realtor, except that is not customary by me. And I belive is challenged by the new laws --172.58.xx.xxx
suit on holding fee (by Moshe [CA]) Posted on: Sep 18, 2021 12:28 PM
I don't know anything about MA law, but I wonder why you use a holding agreement and then hold the property for an extended period instead of signing a lease.
When I get an application that I expect is worthy, I use a holding agreement to hold the property until I have done my screening and decided if to accept the tenant or not, a matter of a few days. But then, a lease must be signed and security deposit must be deposited.
I suppose that the holding agreement is just as valid as the lease if each of them is properly drafted according to MA law, but I would expect that the holding fee would not be as large amount as a security deposit, and the lease covers rent for a vacancy whether the lessee moves in or not.
suit on holding fee (by Laura [MD]) Posted on: Sep 18, 2021 6:07 PM
1% of the tenants who threaten legal action, actually take legal action. The folks who do take legal action, don't threaten they just file. I would do nothing (including communicating with them) until legal action was taken. I would also review the holding document that was signed and also MA law regarding holding fees.
A valid point was raised, why holding fee instead of just signing a lease? --108.56.xxx.xx
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