Promise to Lease - Landlord Forum thread 348863

Promise to Lease by Anonymous (Massachusetts) on October 21, 2016 @10:52

I verbally agreed to rent my unit to a woman with 2 children, 1 of whom is under age 6. Because the house is nearly 80 years old, I had a lead inspection done, and hazards were found (not many). I am going to do the lead abatement in mid-November, and she will move in in late November/early December, after I get my certificate of full compliance. However, she wants to sign a lease now to secure the unit. I cannot do that because it is illegal to rent to someone with a child under the age of 6 knowing that there are lead hazards, and I would have to provide her with a lead disclosure statement and the inspection report. Mass. has the strictest lead law in the country, with both criminal and civil penalties. I have given her my word, but want to know if there is anything else I could do to convince her that the unit is hers. She is in the process of getting divorced and wants out of her home ASAP (they are selling it).

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Re: Promise to Lease by Garry on October 21, 2016 @11:21	[ Reply ]

I agree with you. Hold off signing a lease with anyone till you get that cert. of compliance. Then contact her, and IF she still wants your place, you can then sign a lease with her. If she has moved on because her time frame was different that yours, then so be it. There are other prospective tenants out there. You just have to start advertising all over again for them. But now you have that all-important cert. already in hand, so you can rent to anyone who meets your criteria.

Re: Promise to Lease

Re: Promise to Lease by Anonymous on October 21, 2016 @12:54	[ Reply ]

You could have her sign a "holding fee" document (see LPA forms) that would hold the place until you are both ready. You could make the fee refundable in case you have an unforeseen delay. She would give you one months rent to hold the place off the market until its time to move forward. A holding fee form is not a lease, and it is not a promise to lease, only a promise to hold the place. This is not legal advice. You might want to check with your lawyer to make sure it doesn't trip you up with Mass. law.

Re: Promise to Lease