Breaking Lease Agreement Before it Begins
I have a tenant that signed a 2 year lease agreement with me, but has not sent requested security deposit, first or last months rent as stated. I opened my listing back up and have another verified tenant that I would prefer. Am I under any obligation to the first signee given the individual has not sent requisite deposits?
Wouldn’t you have collected the deposit, etc at signing? When was the last communication and when does the lease start? If you tried to reach out, followed up, and it’s been a day or two or three of no response, I’d follow up with “haven’t heard from you, haven’t seen the deposit, assume you are not interested and will be leasing it to another qualified candidate who is ready to move in”. Then proceed accordingly
That was the intention. We've been in contact, and she has even partially funded, but there continues to be delays. I have been patient, but this is likely a sign of things to come.
Patrick, I have in my leases that the first month's rent payment, as well as the deposit, is due at time of signing the lease. Review the wording in your lease. Send her money back and go with who you think will be a better fit. For the future, I recommend standing firm on the first month's rent and deposit at time of signing. I painstakingly went through this just recently and learned a big lesson. Be nice, but stick to business. First come, with everything, first serve! What you are experiencing is a microcosm of what is coming down the road. The folks I were "NICE" to delayed and delayed. I was given the deposit but then they dragged their feet with the first month's rent but still prior to move in.I finally received it but had made the decision they would not get keys/code until I had it all. Fast forward....Later, when I sent a plumber at their request over a minor issue, they forgot about the appointment. Learn from my mistakes. Her actions are speaking volumes.
ALSO, not having the money ready to deploy at move in, is not a motivated or capable tenant, major red flag.
Best of luck!
#2 General Landlording & Rental Properties Contributor
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#2 General Landlording & Rental Properties Contributor
Your lease should say that you need the deposit within X hours (usually 24 hours) of signing or the lease is not valid. If she keeps delaying, give her 24 hours and tell her if she's having problem coming up with the money, you will return what she has given you and move on to another applicant.
Thanks all. Language is in the contract. I know what needs to be done... suppose I was looking for some validation here.