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rental agreement - how? virgin landlord here by Alicia (Indiana) on March 9, 2012 @13:08

                              
This is my first time.
I was expecting to meet the tenant and his wife and kids so we can execute a lease agreement.
The prospective tenant told me to email him the lease so he can have his lawyer review it and if everything looks good he'll sign it and send it back.
The tenant called and says his lawyer won't let him sign a lease like this. He says his client is giving up too many rights.
I asked what rights?
First of all the late clause has to be removed. Tenant won't agree to a late clause.
Second he wants it assignable.
Third he has a problem with the attorney fee clause
Fourth he doesn't want t o be responsible for maintenance of home.... and so on....

Was it a mistake to email the lease?

Do you sit down with the people to sign the lease or send them a copy?

Any suggestions for a virgin landlord?

[ Reply ] [ Return to forum ]

Re: rental agreement - how? virgin landlord here by Jake on March 9, 2012 @13:16 [ Reply ]
You need to run as fast as you can from this applicant. What you see now is only a sample of things to come. He can not even read his own lease. A lawyer has to do it. Do yourself a huge favor and tell this applicant that he and his lawyer need to find somewhere else to rent. Are you using the LPA lease available from this site.
Re: rental agreement - how? virgin landlord here by Anna Mouse on March 9, 2012 @13:17 [ Reply ]
You are fine right now :).

If you rent to this tenant I will bet you will have troubles in the future. You will be posting on this more much more often trying to figure out how to deal with this tenant.

All of the items you have in your lease are normal and fine. This is not a negotiation and you need to maintain full control of your property and the contract which you offer to them.

One thing I might comment on is them being responsible for maintenance. Do you really want someone who is not a homeowner responsible for making changes to your property? You can write something in your lease that the tenant is responsible for $XXX for each maintenance request. This will deter them from being a pain which they clearly already are. (do not sign these people!) If you have studied your market and have priced it fairly and or less because they are going to take care of things do not count on it. In my opinion you are far better off raising the rent and making sure your property is maintained they way you want it.
Re: rental agreement - how? virgin landlord here by Anonymous on March 9, 2012 @13:18 [ Reply ]
Sounds to me like they are trying to play you. Once you take off those things in the lease, they will see you as soft and will take advantage of you with whatever chance they get. I say look for another tenant.
Re: rental agreement - how? virgin landlord here by FL-LL on March 9, 2012 @13:25 [ Reply ]
RUN!!! RUN VERY FAST!!!!
All kidding aside. Write a very nice letter explaining that these are your terms and that you wish them luck in finding another rental property to their liking.

Do not negotiate any of those clauses. Of course his attorney acting on His behalf found fault with those items.
Re: rental agreement - how? virgin landlord here by A.T.SF (CA) on March 9, 2012 @13:32 [ Reply ]
Here's an everyday slogan for you...MY HOUSE MY RULES!
Pass on this potential P.I.T.A. (Pain in the A**) tenant. He did you a favor showing you what you can expect from him as a tenant.
See Alicia, see Alicia Run, Run Alicia Run, run, run run!
Re: rental agreement - how? virgin landlord here by Bunny *M*A*G*I*C* on March 9, 2012 @13:36 [ Reply ]
Wow, you ARE new, aren't you? No worries, you found a good place for finding out more info...so please DO take some time and educate yourself by reading this forum. Spend at lease an hour or so a day and just read, read, read, and learn.

DEFINITELY learn about the screening process for prospective tenants. A part of that screening process is contacting former landlords, and former landlords before that, and former LL before that ! Read the posts here and learn more about the screening process.

I have to echo what everyone else said. This prospective tenant is BAD news and it will not get better. DO NOT RENT TO THIS PERSON. Many red flags, alarms, bells and whistles, and they aren't the good kind of warnings!

It's a good idea to go over the lease in person with the tenant who meets the screening criteria. This way, if there are any questions, you are right there to answer them, and you have gone over every part of the lease.

I sit down with the tenants and go over the agreement, they sign it and then I take it home and sign it, and THEN I give them a copy of the agreement that has both our signatures on it.

As for the tenant & the attorney with the issues, do NOT give up any of your rights as a LL. Sorry your agreement didn't meet their needs, and I know you wish them the best as they look for another place to rent. Even if the agreement was alluvuhsudden hunky dory, I'd RUN and RUN FAST away from this guy and his minion. ;O)
Re: rental agreement - how? virgin landlord here by Katiekate (New York) on March 9, 2012 @13:38 [ Reply ]
OH WOW... you really are green.

Ok.. first, Do not ever get to the lease until after you have done all of the following (and in the order).

1) pre-screen a potential tenant. Ask about their income (must be 3X rent), how long worked at same place, how long lived at current place, number of people total, pets, ..etc (see prescreening card here).

only if the answers to all those questions is ok. then,

2) arrange a time to meet and show the unit. If they don't want to see the unit ...red flag. You must meet them in person

3) they want the place? rental application. Must be filled out in full and signed..must pay $45 cash to run the background/credit/criminal checks. MUST. check their ID..drivers lic.

4) RUN the background/credit/criminal checks. DO NOT SKIP THIS STEP.

if all is well...

5) collect a non-refundable reservation fee equal to one month rent.

6) if they want a copy (unsigned) of the lease to show lawyer... ok...BUT, YOU ARE NOT CHANGING ANYTHING IN THE LEASE. NOT

7) 2 weeks before move in.. make sure the utilities are put in their name effective the move in date. If not..remind them they will not be allowed to move in unless this is done.

8) day of move in. Get rent money (first and last) in full in cash. FIRST. CASH.

9) do a complete walk thru..document the entire place and get tenant to sign all of it.

10) sign lease and addendums

11) give them keys

12) make copies and send copies of all signed docs.

If you follow this procedure you will likely have little or no trouble in the future.
Re: rental agreement - how? virgin landlord here by Katiekate (New York) on March 9, 2012 @13:50 [ Reply ]
BTW...

if by virgin you mean you haven't been sc***ed by a tenant yet...

good.. stay a virgin
Re: rental agreement - how? virgin landlord here by OK-LL on March 9, 2012 @14:34 [ Reply ]
I have had occasion to provide a rental agreement to the prospective tenant ahead of signing -- I think it's a valid request and appreciate that they want to read and understand it. They get an unsigned version and I don't agree to any changes, ever. My rental agreement is non-negotiable. If we proceed to signing, I go over every paragraph with the tenant, no short-cuts. I want them to understand their responsiblity and mine before they get possession of my rental.

A tenant who won't agree to a late clause probably plans on paying late, otherwise they wouldn't care because it will never come into play.

A tenant who wants the lease to be assignable plans to leave your rental before the end of the lease and wants to be able to sublease or transfer the lease to any bum of his choosing without your imput.

A tenant who won't agree to the attorney fees clause (BTW, I changed this to "collection fees" to avoid conflict with state law) plans on making you chase them down for the rent.

A tenant who doesn't want to be reonsible for maintenance of a home should move back in with his Mommy.

It wasn't a mistake to email the lease, but you need to find a way to convey that you are happy to provide the prospetive tenant with a copy of the lease so they can carefully read each clause, but you will not negotiate the terms.

Good luck!
Re: rental agreement - how? virgin landlord here by MrDan on March 10, 2012 @09:07 [ Reply ]
Most likely the tenant has no lawyer to review the lease? How much would a lawyer charge to read the lease for the tenant and make such recommendations as to changes? Too Much! Past on this tenant ASAP.

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