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All Forum Posts by: Silvia B.

Silvia B. has started 9 posts and replied 60 times.

Post: legal advice: Security deposit

Silvia B.Posted
  • Auburn, GA
  • Posts 60
  • Votes 22

I recently watched an episode of "Judge Judy" where the guest of the tenant was smoking a cigar on the balcony and somehow caused a fire. He admitted that it was his fault. The landlord was suing the tenant for damages but Judge Judy said that the Landlord needed to sue the guest because the damage was caused by him and not the tenant. Tenant even tried to show her the lease but she said "I don't care. You are suing the wrong person". I was very surprised at this decision because I also have a clause in my lease that states the tenant is responsible for damages caused by their guests due to negligence.

Thanks Marcia!

Post: Holding fee questions

Silvia B.Posted
  • Auburn, GA
  • Posts 60
  • Votes 22

@Marcia: $100 holding fee doesn't seem like enough to cover your cost of losing 2 weeks (1/2 months rent) if they bail out.

But maybe my idea of $500 is too much. I'm thinking $100 for one week and $250 for two weeks, which would be the longest that I feel comfortable holding the property. Thoughts and suggestions...

Post: Holding fee questions

Silvia B.Posted
  • Auburn, GA
  • Posts 60
  • Votes 22

in my area most renters must give a 30 day notice to present landlord and cannot afford rent for both places at the same time. If the applicant passes all credit and background checks, etc and I choose to offer them my rental, I am "considering " accepting a holding fee of approx $500 (I'll prorate per day) for no longer than 2 weeks. My rent is $1250/month and security deposit is $800 . After signing lease and paying all money due at signing, then the holding fee will go towards the first months rent. If they decide not to sign lease then I  will retain a daily prorated portion to compensate for money lost plus may $50 for inconvenience.

If I do this, I will definitely have them sign a Receit and Holding Deposit Agreement.

Post: Holding fee questions

Silvia B.Posted
  • Auburn, GA
  • Posts 60
  • Votes 22

For those of you that accept a holding fee, what is the maximum length of time that you will hold a property for rent? 

I think that I feel comfortable asking for the credit background fee in cash. I will verify the income and employment first. That doesn't take much time. If they don't meet the qualifications,I will return their fee. If they  meet my qualifications, then I will run the credit check.  First month rent and security deposit will be in bank or cashiers check.

Marcia, do you return the application fee if you do not end up running the credit check?

I go with black for rentals, SS for sales. SS is nice (I have it in my home) but I have seen how some people, even owners, care for their SS. A lot of scratch marks from scrub pads, etc.

@Sue and Cliff: Some very good information, thanks. I can see the benefit of taking the fee up-front and run credit check first.

@Cliff: I will check out NTNonline.

"No matter what comes back I approve the tenant but if they are bad I tell them that based on their background or credit they have to pay 2 times or 3 times the deposit."

Gosh, Cliff, I don't know about that. If someone can't honor a $35 check without it bouncing then do I even want to risk having them as my tenant? Having an applicant who can't pass the a background check doesn't mean that they will be a reliable tenant if they pay more security deposit. Some people just do not care what they leave behind as long as they get what they want up-front. I can see a lot of headaches down the road with that approach!

.

I have used SmartMove twice in the past and you have the option of either the landlord or the applicant pay the fee.