Tenants want to move in their things before the start date

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Tenants want to move in their things before the start date

Guka Kagu
Member since 2022 · 28 posts · 7 votes

The lease starts on December 1st, but the tenants asked if they could start moving in their things this weekend. I am still paying the mortgage on the property and the property is vacant. I asked them earlier if they want to start the lease from November 15th, but they said they can't do it before Dec 1st. I don't know what to do? I don't know if I should ask for prorated charges or not because it sounds greedy since nobody lives at the property. I also don't feel comfortable letting them move in their stuff before the start date, but then I don't want to start this on a bad term.

Please help me thank you!

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Guka Kagu:

Lots of bad advice here.

Do not let them move in early. Tenants often ask if they can move "a few boxes" in early. Next thing you know, they've moved in completely and are living there rent-free for a week or more. Once the first box goes in, they are legal tenants. You could be liable for their belongings. Someone could break into the unoccupied home and steal their belongings and you could be on the hook. There are too many problems.

If they want to move in early, you amend the lease and they start renting early. They should not be given keys until the written agreement commences, they've paid all monies owed up front, utilities are in their name, etc.

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  • Scott E.
    Contractor · Scottsdale, AZ · Member since 2010 · 2k+ posts · 3k+ votes
    3y

    If they move in early, you need to revise the lease. And charge them for those extra days.

    4Reply
  • Joel Case
    Rental Property Investor · Ocean Springs, MS · Member since 2022 · 349 posts · 301 votes
    3y

    Either they pay for early access or move in December 1st. Stick to your guns because if you give them an inch now, they are going to take a mile later. 

    4Reply
  • Joe Martella
    Rental Property Investor · Cherry Hill, NJ · Member since 2015 · 626 posts · 495 votes
    3y

    The number one rule - there are no rules.  I just gave a tenant early possession of a property.  I rather have people living in my place than having it vacant.  Some people will tell you to charge them the time.  I don’t.  Do what your gut tells you.  

    3Reply
  • Garrett Swan
    New to Real Estate · Member since 2020 · 13 posts · 16 votes
    3y
    Quote from @Guka Kagu:

    The lease starts on December 1st, but the tenants asked if they could start moving in their things this weekend. I am still paying the mortgage on the property and the property is vacant. I asked them earlier if they want to start the lease from November 15th, but they said they can't do it before Dec 1st. I don't know what to do? I don't know if I should ask for prorated charges or not because it sounds greedy since nobody lives at the property. I also don't feel comfortable letting them move in their stuff before the start date, but then I don't want to start this on a bad term.

    Please help me thank you!


     Determine what is best for you- if the unit is ready to be rented then pro rate the charges... if the unit needs some touching up before they move in then simply let the tenants aware of that. 

    0Reply
  • Adam Martin
    Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    3y

    I of course try to start the lease as early as possible and remind tenants that it is highly unlikely that they can move out and in on the same day.  Often though I have still let the tenant move in early because as others have I don't like it to sit empty.  My stipulation though is that they have to have utilities turned on in their name so while I may not be bringing in money for a week to a few days, I am also not spending money so still a net gain to me.  2 weeks though is a bit of a stretch and while I have done it before I would be unlikely to do it again with no compensation.  

    0Reply
  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Aloha,

    Fair Housing. If you let one household take possession for free, whether for two days or two weeks, you need to give all the same opportunity. They should pay for every full day of possession.
    2Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    Tell them no.  There is nothing to stop them from moving in early once you give them the keys.  Also make sure utilities are in their name before they move in.

    1Reply
  • Joseph BeilkeBusiness Member
    Real Estate Agent · Palm Coast, FL · Member since 2018 · 363 posts · 243 votes
    3y

    This one sound so simple, but at the same time very hard.

    I agree 100% that the utilities need to be in their name, you should already have deposited the security and first months rent check and all these have cleared.  I would consider giving them early access to move in their belongings for a reduce prorated fee.  Maybe charge 1/3 of daily rent for "stuff only" for the number of days they are requesting and get payment up front and make sure the lease has an addendum reference this agreement.  You should be in the clear for fair housing rules, because you didn't offer it for free and you only accepted a negotiated request.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Guka Kagu:

    Lots of bad advice here.

    Do not let them move in early. Tenants often ask if they can move "a few boxes" in early. Next thing you know, they've moved in completely and are living there rent-free for a week or more. Once the first box goes in, they are legal tenants. You could be liable for their belongings. Someone could break into the unoccupied home and steal their belongings and you could be on the hook. There are too many problems.

    If they want to move in early, you amend the lease and they start renting early. They should not be given keys until the written agreement commences, they've paid all monies owed up front, utilities are in their name, etc.

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    6Reply
  • Jeff CopelandBusiness Member
    Real Estate Broker · Tampa Bay/St Petersburg, FL · Member since 2015 · 1k+ posts · 2k+ votes
    3y

    The downside risk here is what if someone breaks in to the house and steals their $25,000 heirloom dining set, or the house burns down and they lose everything they own before the lease even starts? Who is liable? (Hint: The landlord is the one getting sued.)

    But on the other hand, this is a situation that people tend to overthink. 

    A simple one page (or one line) lease addendum, or a pen and ink change initialed by all parties, adjusting the start date of the lease is all you need. Charge them prorated rent, or one dollar, if you want to. 

    Everything else (utilities, renter's insurance, liability for their personal property, etc) should already be covered by the lease. Just change the start date. so the lease is in effect as soon as they take possession. 

    Disclosure: I am not an attorney and this is not legal advice. You should get some from a licensed attorney in your state if you have any doubts whatsoever. 

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    1Reply
  • Andrew B.
    Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    3y

    Honestly, I would tell them they can have the last week of the month free. As long as you update your lease accordingly, you are out nothing. In fact, you may save a few bucks as they will switch utilities in their name earlier (make sure they do this first).

    0Reply
  • Eliott Elias
    Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
    3y

    If they want to move in early they have to pay. Tenants will shoot for the stars and aim for the moon on requests, the request is unreasonable 

    0Reply
  • John MorganPro Member
    Rental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
    3y

    @Guka Kagu

    I let them move in 2 weeks or less for free as long as they transfer the utilities into their names. This helps them out immensely and they remember this favor. I take care of my tenants and they take care of my mortgages by paying them off for me. Most seem to want to stay at my places forever and we have a good partnership and trust.

    0Reply
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