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General Landlording & Rental Properties

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Gail W.
  • Rental Property Investor
  • Running the Earth, watching the sky
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61
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Tenants refuse to sign Addendum...now what??

Gail W.
  • Rental Property Investor
  • Running the Earth, watching the sky
Posted Oct 2 2017, 11:09

Me AGAIN...with yet another conundrum needing wiser heads than mine. 

As some of you know, we are accidental LLs. A friend hooked us up with her hubby and his friend who now run a successful Sober Living biz from the rental house for the past year (with a lease for 2 more years).  My friend is a realtor. She did the lease for us at no charge as she's not really representing any one- just gave us the forms. (LEARN FROM MY MISTAKE!! I should have had independent representation!! She said since she was not repping either of us, there was nothing to worry about. We (the tenants and I) were the ones filling out the lease forms and deciding what was what. Thing is; who she going home with/sleeping with?? Am I right?? Live and learn.)

ANYHOO-  she sent us all an email a few days after the original signing of the lease a year or so ago that we didn't put any thing down under the section dealing with late fees; what did we want to put in there? She stated she usually tells her clients to say 5% late fee. So I emailed her back that I had the last tenants do only $25 late fee- no WONDER they always paid late!!  She laughed and said, see, this is why you need a realtor friend... she would fill it in and resend it out. You guessed it: Nothing ever went out. 

Fast forward to this year. I made new addendum for things like keeping the 5 extra fridges off the new wood flooring and in the garage only. Or if you turn off the pool equipment and the water turns green, you pay for the refill. They wanted to meet, we did, the first thing they bring up is how bad they think it is that I want to add a late fee...WHEN I DIDN'T EVEN MENTION THAT! So that got my radar going. I then remembered the issue and looked back to see if we ever did get that corrected lease from Mrs Realtor Friend. Realizing it was never addressed and thinking how weird it was that they got so hot and bothered about it when I hadn't even mentioned it, I knew I needed to take care of it ASAP.

So I sent out an addendum via DocuSign a week ago asking for a $200 late fee be added. Since then, crickets. SO NOW WHAT CAN I DO?? Am I screwed?? Is there any way to get this fixed? Thank you in advance, all.  
(Again, learn from my sorry tale!)

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