Bizzare situation with wanna be tenant

13 Replies

Cliffs:

Passed all my screening methods.  

Give me 800$ cashiers check to hold house until Security deposit and first months rent is available.  

Each time she attempts to cut me a cashiers check for the sec/dep+1 month rent she tells me the bank tells her it's not available yet. (the source of that money is a closed out IRA supposedly)

Show me bank statement that shows it's in her account but not available. 

She gave me another 200 personal check at the same time she gave me the cashiers check because I told her I wanted 1000$ to hold the house until her funds cleared. 

The personal check for 200 bounced!!  

Also, stupid me, I took a check for the app fee for 50$, that bounced also!!

Past landlord said she was model tenant and sorry to see her go. 

I don't get it.  We've tried to schedule the closing 3 times and each time she has showed up with an excuse as to why her credit union has not released the funds yet. 

But she gave me a 800$ cashiers check????  It cashed not problem.  

Am i obligated to give her any of that cashiers check back since i am probably going to be turning her down due to all this drama and wasted time?

There should be some kind of written agreement when she gave you the deposit to hold the property. That agreement should specify the damages if she is not able to follow through. Did you have her sign anything like this? If yes then you can probably keep some funds according to the agreement.

... What you described does sound good to me, I do not have good feelings and would not move forward with this tenant... Just imaging dealing with this every month the rent is due, she would likely be giving you the same excuses... 

This chick is still a no-show. No calls, no emails nothing.  I have almost 1000.00 dollars of her money and it's like she fell off the face of the earth. I've tried calling her references back, no answer. On Monday I may try to call her at work.  There has been absolutely nothign signed yet, the only thing she did was fill out an app and give me 1000.00 to hold the house until X date. Then X date passes, she has an excuse, needs to put off closing until Y date. Y date comes and she's a no show.  

I'm clueless what to do.  I just want to give her her money back. 

I will only hold a unit for a short time.  A week, maybe 10 days.  If I do that, I want a NON-REFUNDABLE holding deposit equal to the security deposit.  I have a written agreement that states that the money is absolutely non-refundable, and says that multiple times, in large, bold type.  It also states a date for the lease signing.  No lease signing, the deposit is kept and I start marketing the place again.

I also accept ONLY cash and money orders for this deposit as well as the security deposit and first month's rent.  I want the FULL security deposit and one FULL month's rent at lease signing, regardless of the move in date.  In exchange the get the keys and the place is theirs.

Are you sure the cashier's check was legitimate?  These can be forged, especially if from non-US sources.  It can take a while for the bank to discover this.  You think you have the money, only to discover it disappears a few weeks later when the bank figures out the check was fraudulent. A really common scam is to send a landlord a cashier's check for the deposit and up front rent.  But the check is larger than expected.  You deposit it, then the "tenant" says "hey, my company included my moving expenses in your check and I really need them right away.  Can you wire the excess to me?"  The victim does, then the bank discovers the check is bogus, and takes that amount back.  The victim is out whatever amount they sent back to the scammer.

Was the cashier's check from a local bank?  Did it look like checks from that bank?  Something is really fishy here.

Were her references real. I regularly have people provide last landlord and or jobs with phone numbers that just do not seem right. One last week gave me the number for superviseor. I never called the supervisor, I called the business they never heard of the applicant and they fired the supposed supervisor. I do not return money on falsified documentation.

wow.  The things people will do to get what they want.  

@Andrew Halbert

You made a good call moving on to the next applicant.  I agree with the sentiment that if this person wants that money back they will find you. Best of luck on your tenant search and thanks for sharing. 

Careful with the cashiers check-it may still come back bad.
This is a new kind of fraud that banks have seen-I'm a full time banker with a major retail bank. It involves cashier's checks and closed IRA's. Google it...

When people behave like this, be thankful it was before they became your tenant. Move on.
Don't spend the $1000. Keep it for a while while you determine if you can legally keep it or not. Did you have a written agreement about this holding fee and labeling it as non-refundable as suggested above?

Don't accept personal checks for application fees. Do not accept personal checks for 1st months rent or security deposit either. Never do it. If the applicant makes a fuss about it, move on. Cash or money order only! No money, no signed lease and keys.

Careful with the cashiers check-it may still come back bad.
This is a new kind of fraud that banks have seen-I'm a full time banker with a major retail bank. It involves cashier's checks and closed IRA's. Google it...

Whoops... Didn't notice that this was three days ago... Hope the bank can refund your fees for ya.