Re: No show to lease signing - Landlord Forum thread 346828

Re: No show to lease signing by Anonymous on July 27, 2016 @17:18

you raise an interesting question. I e mail leases to prospective tenants for review and their signing,....I KNOW,...many LLs don't do that,...I do for a variety of reasons but I also make it clear in the transmittal letter that the unit will continue to be marketed and unless the prospect has paid a holding fee, no contract for rental exists until I receive the signed lease back with all monies due AND I COUNTERSIGN THE LEASE. THE FIRST PROPERLY SIGNED LEASE WITH ALL MONIES DUE THAT I RECEIVE IS THE TENANT WHO GETS THE UNIT.

I believe this protects me adequately against the ""where's my apartment ""

comments ???

[ Reply ] [ Return to forum ]

Re: No show to lease signing by MrDan (GA) on July 27, 2016 @21:13	[ Reply ]

Now a days, many contracts are handled through email. There are just a few circumstances that require written notices that pertain to the rental business. I do see several potential issues if I understand you correctly. "I also make it clear in the transmittal letter that the unit will continue to be marketed and unless the prospect has paid a holding fee, no contract for rental exists until I receive the signed lease back with all monies due " This might not offer the protection you are looking for. In the case where no holding fee was required, all the applicant would have to do is state they accept and type their name, for under the Uniform Electronic Transactions Act (UETA) they would have a valid enforceable lease. In such a case, you might consider stating that 'Time is of the essence' and give a deadline as to when the lease offer would be invalid and rescinded if not agreed to and signed by the applicant. There is no need as to state that the rental property would continue to be marketed. The applicant could state that the landlords continuing to market the rental invalidated the lease offer. "AND I COUNTERSIGN THE LEASE" This might offer little protection as a contract does not have to be signed by either party to be effective. If the parties act on the terms of the contract, then the lease would be valid. "THE FIRST PROPERLY SIGNED LEASE WITH ALL MONIES DUE THAT I RECEIVE IS THE TENANT WHO GETS THE UNIT" This could lead to a Fair Housing complaint. The lease should be offered only to one party at a time. Also where no dead line is stated, what keeps an applicant from taking their time in proffering any monies and signing the lease. Again 'Time is of the essence' should be stated and a clear definable deadline where the lease offer becomes invalid and rescinded. As to emailing the lease, as long as all parties agree that email will be used and there is an offer of a choice to have a written lease made clear to the applicant, there should be no problem in doing so. Many landlords believe that email agreements are unenforceable, but if you have ever ordered anything on line, most likely you have checked the little box that says you agree to terms and conditions in order to make a purchase. Well, this is just my thoughts. If you have any reservations about any wording you use, please run it by your attorney for advice.

Re: No show to lease signing by Garry (Iowa) on July 27, 2016 @21:36	[ Reply ]

I do it a little differently, but I do agree with you-----until there is a signed lease, and money changes hands, neither I nor the prospective tenant have an agreement. And that is pretty much how judges rule through out the country. I show my places first, and have apps at the place for someone to fill out if they are interested in it. Someone can take an app with them to fill out later, but I tell them I can't do anything till I get it back. People return their apps about 50% of the time. It takes me 2-3 days to run the apps, and the 1st one who qualifies, I call them and tell them they have 24 hrs to meet me at the rental with their full deposit money, and we sign a lease at that time. The rent itself isn't due till the day they are to move in. They must also have the utils put in their names by that date, too, before they get keys. In 35 years of being a LL, I can only recall 2 times a T was a no-show at the lease signing. I don't show the T my lease until at the lease signing. My leases are all on legal sized paper, and come word for word right out of the Iowa Code book. I only sign M2M leases, starting from day 1.