Tenant Remorse- Refund? (by RockyMtnLL [CO]) Jan 15, 2022 2:03 PM
Tenant Remorse- Refund? (by NE [PA]) Jan 15, 2022 2:06 PM
Tenant Remorse- Refund? (by NE [PA]) Jan 15, 2022 2:06 PM
Tenant Remorse- Refund? (by WMH [NC]) Jan 15, 2022 2:26 PM
Tenant Remorse- Refund? (by Me [CA]) Jan 15, 2022 2:28 PM
Tenant Remorse- Refund? (by zero [IN]) Jan 15, 2022 2:42 PM
Tenant Remorse- Refund? (by Sorta Blonde [CA]) Jan 15, 2022 3:44 PM
Tenant Remorse- Refund? (by myob [GA]) Jan 15, 2022 3:47 PM
Tenant Remorse- Refund? (by Ken [NY]) Jan 15, 2022 5:49 PM
Tenant Remorse- Refund? (by 6x6 [TN]) Jan 15, 2022 6:11 PM
Tenant Remorse- Refund? (by Dave [MO]) Jan 15, 2022 9:11 PM
Tenant Remorse- Refund? (by myob [GA]) Jan 16, 2022 9:06 AM
Tenant Remorse- Refund? (by RockyMtnLL [CO]) Jan 16, 2022 12:16 PM
Tenant Remorse- Refund? (by Jim in O C [CA]) Jan 16, 2022 1:16 PM
Tenant Remorse- Refund? (by Landlord ofthe Flies [TX]) Jan 18, 2022 9:47 PM
Tenant Remorse- Refund? (by zero [IN]) Jan 20, 2022 8:35 AM
Tenant Remorse- Refund? (by RockyMtnLL [CO]) Posted on: Jan 15, 2022 2:03 PM Message:
Gosh, cannot believe that in 30-years of landlording, I have never had a tenant view, apply, sign leases and condition sheets, pet agreements, and all paperwork and phone to move out 12-hours later. Technically, they did not move in. Here are the details. I'd like input on how you all would handle.
1. Rental market is soft with qualified applicants scarce. These tenants were not "ideal" as they were young without prior landlord experience. (Lived with family.) They viewed the apartment, assessed the condition and signed all paperwork, paid full deposit and paid first month rent as agreed.
2. The next day, prior to them moving any items into the unit, they changed their mind and do not want to rent the unit.
3. Other applicants were turned away. Lease prep time, bank deposit time, showings were necessary. Their decision to reneg cost landlord time and money.
4. Do you refund all funds paid, tearing up the contracts without any compensation? Do you hold them to the fire and make them give a 30-day notice to vacate and charge them what any other early lease termination would cost? One yields better karma than the other, but as young adults, it also sets the stage for them to not respect contracts in the future. What would you do? --70.158.xxx.xx |
Tenant Remorse- Refund? (by NE [PA]) Posted on: Jan 15, 2022 2:06 PM Message:
Charge the early termination fee. --24.152.xxx.xx |
Tenant Remorse- Refund? (by NE [PA]) Posted on: Jan 15, 2022 2:06 PM Message:
And contact your list of other applicants ASAP. --24.152.xxx.xx |
Tenant Remorse- Refund? (by WMH [NC]) Posted on: Jan 15, 2022 2:26 PM Message:
My lease says this about the Deposit - note #1 last sentence.
"...Upon any termination of the tenancy herein created, the Landlord may deduct from the Tenant Security Deposit amounts sufficient to pay:
1) any damages sustained by the Landlord as a result of the Tenant’s nonpayment of rent or *nonfulfillment of the Initial Term or any renewable periods, including the Tenant’s failure to enter into possession;*
2) any damages to the Premises for which the Tenant is responsible;
3) any unpaid bills which become a lien against the Premises due to the Tenant’s occupancy;
4) any costs of re-renting the Premises after a breach of this lease by the Tenant;
5) any court costs incurred by the Landlord in connection with terminating the tenancy;
6) any other damages of the Landlord which may then be a permitted use of the Tenant Security Deposit under the laws of this State. " --50.82.xxx.xxx |
Tenant Remorse- Refund? (by Me [CA]) Posted on: Jan 15, 2022 2:28 PM Message:
We had that happen to us a few years ago. He signed everything and paid the deposit and first month in cash. Changed his mind two days later. We told him he was now required to give us a 30-day notice. If we got it rented before then, we would refund the remaining days. Despite our best efforts, he ended up paying in full for the full month and we refunded his deposit.
--47.153.xxx.xxx |
Tenant Remorse- Refund? (by zero [IN]) Posted on: Jan 15, 2022 2:42 PM Message:
Have only had one tenant do this to me. I refunded the money, called the next in line, re-keyed the locks and went on. I lost an hour, a check and a stamped envelope. Karma was on my side.
Pretty hot neighborhood tho --107.147.xx.xxx |
Tenant Remorse- Refund? (by Sorta Blonde [CA]) Posted on: Jan 15, 2022 3:44 PM Message:
Did this 3 years ago. Tenant decided to not rent after the 'family' put pressure on them. Long story I told before. Nothing was moved in. I refunded the entire 'security/cleaning' but kept the first month's rent. IF nobody was found to move in, I would keep the entire first month's rent. Otherwise, I would pro-rate the month and give back what the courts would consider 'double rent'. Everyone agreed and I couldn't get anyone new within that month so I kept the one months' rent. Luckily I had all this written in the contract they had signed and it all went smoothly. If it's not in your current rental agreement, write something that will protect you in the future. AND be sure to have them sign something that they received X amount back and were canceling the lease as per the contract provisions. --174.65.xxx.xx |
Tenant Remorse- Refund? (by myob [GA]) Posted on: Jan 15, 2022 3:47 PM Message:
many times. #1 change the locks - place notice on door DO NOT ENTER AND what will happen if they do.
In effect they have skipped out and should be treated as such.
Either tender the ELT or be responsible to re-rent of unit until end of contract. maybe 3 months from now.
Keep this in mind if you are new at this. Just like you couldn't make the move after being in the unit 1 day or 1 hour-- they can't now turn around and do that to you.
Since they did they have skipped out. --99.103.xxx.xxx |
Tenant Remorse- Refund? (by Ken [NY]) Posted on: Jan 15, 2022 5:49 PM Message:
I had it happen a few years ago,girl paid first and security then a week later said not moving in.I keep rent and security for not giving 30 day notice.She sued me in small claims court and i won. --72.231.xxx.xxx |
Tenant Remorse- Refund? (by 6x6 [TN]) Posted on: Jan 15, 2022 6:11 PM Message:
Following --73.120.xx.xxx |
Tenant Remorse- Refund? (by Dave [MO]) Posted on: Jan 15, 2022 9:11 PM Message:
I have collected ELT on 2 tenants that signed leases and then changed their mind. No problem ETF, and your good to go. --174.202.xxx.xxx |
Tenant Remorse- Refund? (by myob [GA]) Posted on: Jan 16, 2022 9:06 AM Message:
and when the ELT isn't paid then what?
Most states require the mitigation of residents damages to you. You can't just let the clock run for months-- you have to try to re-rent as quickly as possible.
That means you still have to outline to them where the money has gone and what for. The rent was paid- they lost the dep for improper notice and in our case they are responsible for all costs involved in re-renting. That means to cover the manager trying to re-rent. That means the next months rent-- if the property hasn't re-rented using YOUR BEST EFFORT to do so. Cost of re-key or changing of locks- reconnect of services into your company name.
We also have an automatic 600.00 if they have moved anything in and out the short time they had the key for re-freshen of paint and wall damages.
Civil suit and garnishment. --99.103.xxx.xxx |
Tenant Remorse- Refund? (by RockyMtnLL [CO]) Posted on: Jan 16, 2022 12:16 PM Message:
Thank you to all who have responded. I have explained the policy to them and sent them the 30-day notice we require along with a letter explaining the process. I've had a couple of young tenants whose parents were the root of the problem. Purposefully, I do not add the parents as cosigners if at all possible because that adds a strong complication factor to the whole process. In this case, the tenant phoned me yesterday at 9:30 a.m. saying they wished to get out of the deal. By last night, she wanted to continue to think it over. I promised to get her the forms required today. I have done so. If the roles were reversed and I had promised a unit and then changed my mind, there would be all H* to pay. But, in this age, especially with first-time tenants, waffling is a way of life. I do diligently try to market and get units rented quickly, regardless of when a tenant gives notice. They happen to be leaving in the slowest time of year for me to get qualified replacement tenants. Valuable lesson, if they could only appreciate all they have learned! :-) --69.130.xxx.xxx |
Tenant Remorse- Refund? (by Jim in O C [CA]) Posted on: Jan 16, 2022 1:16 PM Message:
I keep a list of interested applicants at all times. You never know what might happen in the future. In 50 years I have had only one back out. My next in line gave me a cashiers check within 2 hours, --99.23.xxx.x |
Tenant Remorse- Refund? (by Landlord ofthe Flies [TX]) Posted on: Jan 18, 2022 9:47 PM Message:
30-day notice? Are you crazy? Why tie it up for 30 days. They never moved in, it's move-in ready, just figure out what they really cost you and charge for that plus a little more marketing and do a quick termination so you can regain full control of your rental. --108.69.xxx.xxx |
Tenant Remorse- Refund? (by zero [IN]) Posted on: Jan 20, 2022 8:35 AM Message:
I used to make it a rule that I would not keep a list of prospective tenants simply because I didn't want to be hassling people. Figured they would contact me again if they were still looking.
Now, though, with the market being basically house dry I have decided to ask if they wanted me to keep their info on hand for a period of time. All have said yes.
I now have people sending me applications when I don't have any places ready to rent. It allows me to pre-pre-screen them. --107.147.xx.xxx |
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