Parent interefers in tenant lease

Parent interefers in tenant lease

Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes

What would you do? 

We have an artist community here and I've had a new tenant (white) and her boyfriend (black) sign a lease last Friday. This is in a historic black neighborhood - it's important, you'll see. They gave me one month deposit. They were super excited to move in and pushed to be able to move in 10/28/tomorrow, instead of 11-1. Since I had 3 different parties wanting to do that and we were still renovating we were busting our butts this past week getting those 3 units ready for tomorrow. I had to even turn some people away, because we simply couldn't get any other units ready for Nov 1st. 

She did tell me on Sat that her parents disapproved of her boyfriend and that her father was in town and wanted to see the property. I told her to give him my phone number. I wrote her on Monday that he never contacted me. 

This afternoon I get a call from her father (she's 26), telling me that his daughter was not going to move into the property and that the area is uninhabitable and that it's unconscionable of me to even sign a lease in that area with his daughter. Now, he was never been in the duplex, which has wood floors, brand new kitchen cabinets, metal accent wall and all new lighting and painting etc. It's really nice. His daughter is certainly old enough to make her own decisions and I got so mad that I hung up and told him not to call me again and we can have attorneys deal with that and he responded that he'll get his 4 attorneys involved. He was trying to negotiate with me and , I guess, buy her out of her lease, but I don't want to deal with him. I don't like racists and he has no legal standing anyway. 

Technically, he doesn't have standing, because the lease is signed between myself and his daughter, who's of age, and her boyfriend. I can't take instructions from him. Furthermore, this is something called 'tortious interference with contractual obligation.'

Do I just pretend that I didn't get the call and go on like nothing happened and when she doesn't show up tomorrow, I'll ask when she'll come to pick up the keys and then take it from there?

Legally, I will keep looking for another tenant and give her back the difference of the deposit, if I find someone else. But as you all know, this is now going to be the tough part of the year when it comes to getting new tenants. I have already turned others down. So, I might be vacant for a while.

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Peter MacKercherBusiness Member
Residential Real Estate Broker · Saint Louis, MO · Member since 2014 · 1k+ posts · 567 votes
9y

@Michaela G. She acted as an adult (because she is), signed the lease and paid a deposit. Don't deviate from the standard practice here. The dad has no legal basis to interfere (as you know) because he's not party to the lease. 

Treat him with respect if you do interact with him. If you talk with him and he veers into racist banter say that you're obligated to avoid discrimination in your business and end the conversation. Otherwise you can simply state that his daughter is an adult and he has no legal right to interfere as the contract does not involve him if he tries to challenge you.

It's easy to get wrapped up in the personal side of this exchange, but don't let that change your approach. If the lease is broken, follow your policy for any other lease being broken; if it isn't, great, you have the people you approved as tenants. Simple as that.

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  • Investor · Henderson, NC · Member since 2016 · 484 posts · 208 votes
    9y
    Originally posted by :

    If you were a landlord, then you'd understand that.

     LOL. Says the woman who's clawing to maintain a tenant that hasn't even moved in yet. People aren't that stuck on the first of the month...I get rent paid to me all throughout the month. Lease starts whatever day you moved in. If it's half way through a month then it's prorated by the day. If your unit was so popular you had to turn people away, then it will be easily rented again. I don't believe your story.

    One day, once you get tenants, you'll realize what trouble a tenant like this will be...

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    9y

    @Account Closed , obviously,  reading and comprehension are not easy subjects for you.

  • Investor · Henderson, NC · Member since 2016 · 484 posts · 208 votes
    9y

    I can read between the lines. Your story has holes.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    9y

    Have any of the tenants asked to be out of the lease , or is it the father . If the tenants havent asked its a non issue . The father is not party to the agreement , he has no standing 

  • Investor · Henderson, NC · Member since 2016 · 484 posts · 208 votes
    9y
    Originally posted by @Matthew Paul:

    Have any of the tenants asked to be out of the lease , or is it the father . If the tenants havent asked its a non issue . The father is not party to the agreement , he has no standing 

     I think if the tenant is refusing to communicate, a smart person would assume they are letting daddy and the lawyers do all the talking.

  • Lincoln City, OR · Member since 2015 · 59 posts · 54 votes
    9y

    Why would you even listen to the father or his lawyer? You don't know how often he has done things to control her life and any father who says the word lawyer under these circumstances is a control freek. Leave a message that the couple owes rent until they call to tell you they want out.. not dad. Where is BF? Do you have a number to call him?

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    9y

    Tenants were supposed to move in yesterday. Spoke to the boyfriend, who doesn't really know what's going on and says that she'll have to work things out with her family and that he's in limbo himself. 

    Daughter has not responded to emails from me. My last emails yesterday were that I now have to assume that she's not going to move in and to not communicate with my by phone, but only in writing, since they have now involved a lawyer. 

    I have outlined that I will now try to find another tenant for the unit and if that happens within November, I will mail her back the difference from the one month deposit. If it takes me longer, then I will pursue a judgment for the difference.

  • Specialist · Cedar Rapids, IA · Member since 2016 · 11 posts · 9 votes
    9y

    These tenants have "headache" written all over them.  Any one who brings this much difficulty before they have even moved in can't be good for the long term.  If possible to get a lease buy-out agreement then go with that, otherwise cut bait and run.

  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    "I have outlined that I will now try to find another tenant for the unit and if that happens within November, I will mail her back the difference from the one month deposit. If it takes me longer, then I will pursue a judgment for the difference."

    Good.   These two ADULTS have signed a lease with you (this is not like someone who has provided only a deposit without yet signing a lease).  Again, the father who is not on the lease plays no role in any of this.  This is between you, the young woman and her boyfriend.

    Personally, I hate when tenants view a legal contract such as a lease as nothing more than toilet paper.

    Gail

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    It's not just the matter of finding someone else to fill the apartment.

    Right now the apartment is still under contract. Leased to this original tenant and her boyfriend, both need to sign off on it before anything can be done to secure a new tenant. The landlord is not released from the lease, and either is the tenant. 

    Legally the landlord would either need to negotiate a lease termination agreement signed by both the daughter and her boyfriend as they are both on the lease.  Or continue to proceed with normal practice for filing an eviction for unpaid rent as this unfolds. 

    The landlord is locked in and so is the tenant, until either court action is brought by landlord or a mutual lease termination is signed by all parties.

    I'm sure the landlord in this case is ready to move on but her hands are tied until this is resolved.

    And why should she just fold and not recoup some type of compensation for removing the unit from market. I'd proceed as such with negotiation first and file the UD next. She can explain to the tenant the UD eviction will be part of her and her boyfriends rental history.

    The dad is not someone I would communicate with, I would keep it between leaseholders. the landlord didn't lease to the dad and it didn't sound like he was a co-signer.

  • Contractor · Cleveland, OH · Member since 2016 · 116 posts · 50 votes
    9y
    You need to remember that this is a business. You can not take things personally no matter what they say. Be professional despite their actions. I would just return the deposit and immediately start calling your other qualified applicants that you turned away.
  • Investor · Henderson, NC · Member since 2016 · 484 posts · 208 votes
    9y
    Originally posted by @Gail K.:

     Again, the father who is not on the lease plays no role in any of this.

    Ah...but he does. He's obviously already told his daughter she isn't renting the space. Maybe that's in appropriate for a 26 year old, but, then again, maybe not. Maybe this person is really immature. Either way, even if it's "not right" for daddy to get involved, you can bet he will continue to be a pain in the *** for the duration of the lease. If you ignore dad then he'll just command his daughter to do whatever his wishes are.

  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    "Ah...but he does"

    LEGALLY he plays no role in any of this...and if it comes to court in Georgia (which tends to be a landlord friendly state) the judge will tell him the same thing.

    Gail

  • Investor · Henderson, NC · Member since 2016 · 484 posts · 208 votes
    9y
    Originally posted by @Gail K.:

    "Ah...but he does"

    LEGALLY he plays no role in any of this...and if it comes to court in Georgia (which tends to be a landlord friendly state) the judge will tell him the same thing.

    Gail

     He doesn't, but obviously his daughter does whatever he says...she is his puppet. Take the daughter to court, daddy is the one pulling the strings.

  • Real Estate Agent · Fort Collins, CO · Member since 2016 · 183 posts · 72 votes
    9y

    @Michaela G. what a nightmare! Thanks for keeping us posted, I'm learning a lot. 

    Your artists' community sounds like paradise. 

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