The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  

changed mind about a prospective tenant - Landlord Forum thread 358838








Free Landlord Newsletter





Free
Pre-screening
Prospect Card





FREE BONUS Forms Disk for
2 -5 year LPA Members




Excuses!

changed mind about a prospective tenant by Roland on December 19, 2018 @23:12

                              
I have a condo in the San Francisco Bay Area ​that had recently become available. Only one applied.

This prospective tenant seemed to have decent finances, so I decided to offer her the lease.

However, just before signing, she had a list of complaints about the property. Wanted the cooktop replaced, complained about grout, carpet stains (it was already professionally cleaned), etc...

She wanted me to have these done before she signed.

I said I'd take a look at it, but in my mind, I felt that she would be a problem tenant, as I disagreed with most of her requests. I would be willing to lose another month's rent to look for better tenants.

My fear is that she is a member of a protected class. I am afraid that I could get in trouble if I don't offer her the lease.

Any suggestions on what I should tell her?

Thanks!
[ Reply ] [ Return to forum ]

Re: changed mind about a prospective tenant by lpadave on December 20, 2018 @04:07 [ Reply ]
The more theatrical of LL's among us would just rip up the lease in front of her. She is negotiating at the eleventh hour which is the style of some people. Personally I hate that stuff and have found that it's an indication of possible things to come in a whining, petty, PITA tenant.

If everything has been properly documented in writing and you followed the law in processing her just like every other applicant, I wouldn't be too worried about discrimination claims,... After all,...... You offered her a lease which was the same lease you offer to everyone and she decided not to sign. But some people just like to start trouble......your proper paper trail is your defense.

I always make it a habit to ask prospects early on in the discussions if they have any questions about the property. That's their opportunity to speak up.

If the requests are reasonable,.....do them. Your lease should contain the 'tenant has inspected and accepts as is and acceptable for the tenants intended use and occupancy'''' clause

Take plenty of pre possession photos and steel yourself to defend your security deposit settlement when (if) that time comes.

Unfortunately, increasingly we seem to be now living in a world where often times a carefully and diligently negotiated written agreement is merely an indication of the commencement of ongoing negotiations. For some people it seems to be sport !!
Re: changed mind about a prospective tenant by lpadave on December 20, 2018 @04:09 [ Reply ]
The more theatrical of LL's among us would just rip up the lease in front of her. She is negotiating at the eleventh hour which is the style of some people. Personally I hate that stuff and have found that it's an indication of possible things to come in a whining, petty, PITA tenant.

If everything has been properly documented in writing and you followed the law in processing her just like every other applicant, I wouldn't be too worried about discrimination claims,... After all,...... You offered her a lease which was the same lease you offer to everyone and she decided not to sign. But some people just like to start trouble......your proper paper trail is your defense.

I always make it a habit to ask prospects early on in the discussions if they have any questions about the property. That's their opportunity to speak up.

If the requests are reasonable,.....do them. Your lease should contain the 'tenant has inspected and accepts as is and acceptable for the tenants intended use and occupancy'''' clause

Take plenty of pre possession photos and steel yourself to defend your security deposit settlement when (if) that time comes.

Unfortunately, increasingly we seem to be now living in a world where often times a carefully and diligently negotiated written agreement is merely an indication of the commencement of ongoing negotiations. For some people it seems to be sport !!
Re: changed mind about a prospective tenant by AnonymousFL on December 20, 2018 @12:11 [ Reply ]
You offered a lease. She made a counter offer, which is inclusive of declining your offer. You aren't interested in her offer. If no lease is signed, send her a letter thanking her for her interest in your property, but you are turning down her counter offer and wish her the best.

She turned down your lease initially. You don't need to offer it to her again.

Now I don't know much about California statutes, but I do know that they sometimes have ways of doing things that are not like other areas of the country. If you think this applicant may be problematic, you may want to seek some true legal advice.
Re: changed mind about a prospective tenant by LAMAC66 on December 20, 2018 @12:59 [ Reply ]
Im with lpadave and anonFL. Let her go. She turned it down. As long as you followed laws and documented everything you are covered. You could still be sued still.

Covering your bases minimizes a judgement against you in this case. Now if you have had the same situation in the past with a non protected class and you made concessions then that may be an opening.

Prospects do this all the time. Mostly it's a test to see how you react. They know that if you give in now, they will have you hopping throughout the tenancy.

I know rent is rediculous in the Bay area but you would rather have an empty unit than a PITA. Just tell her the unit rents as is because those are not issues that make the rental inhabitable or unsafe.

You offered the rental! And I am speaking as one who is in a protected class.
Re: changed mind about a prospective tenant by altagracia on December 28, 2018 @08:56 [ Reply ]
You do not have to put up with a tenant luxury demand unless you want to do so.
If you want to please tenant up to the point of pleasing him or her then their demand will go for ever. There are two choices you can choose from.
Please the tenant and increase the rent for adding new top cook, etc or be honest and tell the tenant sorry ,we cannot afford your request .
Wait for a better tenant to come and rent the place.

Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2019 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google