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Lease start date contingent on landlord vacating? - Landlord Forum thread 323051

Lease start date contingent on landlord vacating? by Stacy on August 18, 2014 @18:52

                              
We are in Colorado.

We are having a house built and the roughly estimated completion date is mid-December, though we won't know for sure until just before we close. Once we move into the new house, we will be renting out the condo we currently live in.

There are some potential tenants who love the condo and want to lock down a lease NOW. They are willing to pay what we need for rent, sign the 18 month lease we want, etc. We haven't done a background/credit/tenant history check on them, but we will.

Does anyone know if it's possible and legal to put in a lease that they sign now (after application is approved) that the start date of the lease is contingent upon the current residents/owners/landlord (us) moving out? And I would like there to be no promise that we WILL ever move out, just in case something happens with the house and the whole thing falls through. I don't want to be forced to moved out so these tenants can move in if anything were to happen.

I've scoured the internet for info, bought a huge Landlord reference book, and posted on a legal site but I haven't found any clear answer.

Thank you so much for any help.
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Re: Lease start date contingent on landlord vacating? by Anonymous on August 18, 2014 @19:19 [ Reply ]
You would be better off waiting until you're closer to the completion date. There will always be other tenants. You don't even know what the credit/background check will reveal. They may love it, but if its not in YOUR best interest, don't waste your time. Things could change in their lives between now and then anyway.

If you want to have a provision that there is no promise you will ever move out, don't do a lease yet. What you're basically saying is, I am promising you nothing, but I want you to promise me 18 months rent and deposit. Doesn't sound very fair to me, for the tenants anyway.

BUT to answer your question, include a section about delivering up possession to the tenants by Jan 1 2015, if landlord does not deliver up possession by that date, any deposits will be refunded to tenant and lease will be invalid. Something along those lines?
Re: Lease start date contingent on landlord vacating? by Joel on August 19, 2014 @14:42 [ Reply ]
The LPA Lease has a clause that provides for that.
Actually, in the event the tenant can not take possession on the date agreed, well it goes like this:

POSSESSION If Owner is unable to deliver possession of the premises at the commencement hereof, Owner shall not be liable for any damages caused thereby, nor shall this agreement be void or voidable, but Tenant shall not be liable for any rent until possession is delivered. Tenant may terminate this agreement if possession is not delivered within _30_ days of the commencement of the term hereof....

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