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? "verbal" contract then didn't pass screening
by Bunny *M*A*G*I*C*
on July 30, 2012 @22:53
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Help needed in California. One of my friends is a widow who is trying to rent out the studio apartment she has attached to her home.
She tentatively agreed to let a man (he answered the CL ad) rent it because he was downsizing, but no paperwork was signed. He already gave notice to where he is living now and plans to move into the studio on Aug. 8.
He's had the same job for 18 years, and lived in the same apt for 8 years.
Credit screening came back today with red flags that he's had serious delinquency & public record or collection filed, and there are a number of accounts with delinquency, and a lack of revolving account info. His TransUnion score was 538.
The summary of accounts is "positive 5" and "Negative 2" but I don't know what that means and neither does she. He had "bad debts" on 07 and 08, one with Chase and one with GECRB/CARECR...we both don't know what that is.
She is a very sweet grandmother type. What is her next step that would avoid most conflict ? She does have such a good heart and feels it's on her that this guy already gave his notice, but she is having serious misgivings.
At this point, without any signatures on anything, is she legally within her rights to say he didn't pass her screening criteria? I know there was no written contract, but I've watched a lot of Judge Judy and that may not matter!
Thanks for help and input!
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Re: ? "verbal" contract then didn't pass screening
by Anonymous
on July 30, 2012 @23:35
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For summary of accounts in a credit file, the 5 positive means that he has 5 credit accounts in good standing. The negative 2 means he has 2 accounts delinquent/in collections/charged off. The two bad ones are the Chase account and the GECRB/CARECR (CareCredit-a credit card type account used strictly for healthcare/cosmetic surgery/veterinery services. GE Capital Retail Bank holds the accounts).
Your friend may be on the hook since she gave the verbal ok to move in. Did she take any money as in a deposit?
If he hasn't given any deposit, make sure she tells him she needs first month's rent and the full security deposit before getting the key. I believe in CA, she can ask for 2x the monthly rent for the SD. No money, no rental. He may not be able to produce that and back out of the rental. Either way, she must be absolutely firm about it. Do not under any circumstances, no matter what story he tells, allow him to move in with a promise to pay in installments or by the end of the month. Also, make it a M2M agreement so she has the option to terminate with proper notice instead of being stuck for a year.
Hopefully, someone from CA will answer further as to the legalities and options available at this point. California seems to be a complicated rental market from what I seem to gather.
As she and you have found out by now, it is important to do the screening before committing to a renter. He is downsizing probably because he isn't paying rent at his current home and is about to be evicted.
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Re: ? "verbal" contract then didn't pass screening
by Anonymous
on July 31, 2012 @11:05
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If she decides to allow his tenancy, at the very least get a written lease and make it M2M. She can decide not to renew if things go bad.
Just because his credit is damaged doesn't automatically preclude that he will be a bad tenant. Hopefully a criminal background check was performed and that came back clean.
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Re: ? "verbal" contract then didn't pass screening
by A.T.SF (CA)
on July 31, 2012 @12:04
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She should be still be good to say bye, bye to this guy who I believe from the info uncovered that he was about to take her hook line and sinker. She is within her rights even without a signed application to send him on his way. I wouldn't rent to him.
There is still an expectation that some amount of background check would be done...even without a signed application.
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