All Forum Posts by: Nina B.

This is interesting.  I just got off the phone with a large and respected rental management company in this area and spoke to the Principle Broker (was thinking after all this to just go with a management company).

She informed me that oral contracts are not binding in the State of Oregon for Real Estate, PERIOD!

Yahoo!

Wonderful advice! Regarding my profile on BP and contract advice!  I've altered my profile on BP to reflect my first name only and blocked anyone from seeing my profile other than colleagues.  I've also disabled Google from indexing posts...phew! For right now I've also blocked my email address.

As of this morning I have heard nothing again from Parents or Son...so we'll see.

Thanks everyone again!

Thanks again everyone for all the advice to this total novice.  I feel I've gotten a degree in landlord do's and don'ts in two days!  

"Yes" you are absolutely right, I should not have responded to the Parents (and absolutely will not going forward!)  I still struggle with the "needing to be liked" and "this was a simple misunderstanding, I'm not a bad person" thing.  In a way though I'm glad this happened my first time out, really good lessons learned!!!

I have not intention of filing a complaint on the Father and don't think it will come to that.  I think they are just very, very protective parents who truly believe their position and are trying to protect there son and want to show him how to "fight the good fight"...I guess?

At the moment I'm writing down every last detail of events over the last four days just in case I'll need it going forward.  Hopefully I won't need it!

PS.  As I was writing down my time line of events I realized that when I was discussing the Fee Disclosure/Terms with the Son, the son actually had the Fee Disclosure and Rental Application in his possession!  I hadn't even seen it yet, so how could I possibly have approved him?  He only dropped off the application a day and a half later!

This thing has turned into a nightmare!

Thank you so much everyone for your responses and advice, as I sit here with knots in my stomach it makes me feel I have some support on my side!  

I spoke with my attorney yesterday and he advised NOT talking to the parents as they are not the tenant and advised returning the uncashed application fee.  He didn't say anything about declining the application, however, to be on the safe side I did print out an Oregon Form 43 Denial letter and mailed it along with the check.  Reasons for denial, insufficient income and lack of rental history (both true).  The parents texted me this morning to check on the "resolution of the apartment." I texted them back, told them that I had been advised to communicate with the tenant only, but did tell them that the application had been denied and that the reasons for denial and the application fee were in the mail addressed to the son/tenant.  

Since then I have received texts from all parties, son and parents.  They are adamant that we have both a verbal and signed contract (the son signed a fee disclosure statement and the rental application only), they have all stated that I verbally told them the son was approved and he could have the apartment (NEVER happened) and stated that if I don't respond to them and honor my commitment by the end of today they are hiring an attorney, reporting me to the housing authority for breach of contract, fraud and discrimination, and reporting me to the BBB etc. etc.  I have not responded to any of the texts.

I'm utterly blown away, I simply don't understand why under the current circumstances they'd even still want to rent the apartment?

Another quick question since this came up with the son renting.  Am I required by law to take co-signers?  The parents wanted to co-sign.  I don't think going forward that I want a co-sign situation.  Your thoughts?

Thanks again Tyler and Tom, you've made me feel much so much better!  I have absolutely NO INTENTION of cashing this check and I'm running down to the post office right after I post this to mail it off!  I do feel bad for the kid, he was excited about his first apartment and I can see how a young person never having done this would have jumped to that conclusion.  Next time I'll make myself perfectly clear...agreeing on terms does not constitute approval of the application!

Thanks Tom!  To be honest this is the first property we've rented to the general public (other two are corporate rentals) and to have this happen straight out of the gate has us both terrified, and the Father is a police officer...don't know if that matters...but the whole thing scared us.  Now we are wanting to not rent anything out and contact an attorney to make sure we are totally protected from Liability as much as possible.  We are sole-proprietor's now.

A Father came to look at our rental for his newly graduated college son. I gave the Father a Rental Application as well as an Oregon Rental Application Addendum & Fee Disclosure. The Father dropped of both signed agreements (by his son) two days later with a $50 non-refundable processing fee. During the approval process the son called me and asked if I would make some term adjustments on the Fee Disclosure. I agreed to a pro-rate of 1st months rent and a reduced early lease termination fee. In my mind this oral agreement was only "upon approval." The son however (young) felt that our agreement on terms translated to his approval and said as much to his parents. The parents are livid and telling me I have an oral binding contract with there son and threatening to call an attorney! At no time did I ever tell the son he was approved and I still actually have his $50 un-cashed check. Now we so scared we want to take the unit off the market. A friend suggested mailing check back with no comment?  I'm in the State of Oregon.

I absolutely agree with Dustin S.  I wouldn't even mention it...just get your loan as a primary residence.  To argue the point further regarding generating income from your primary residence...I give you one word "Airbnb."  Rest my case:)  Good luck!