All Forum Posts by: S Harper

Thanks for all of the input - it reinforced what we were thinking, and helped us get past any desire to give the guy a chance (he seems to be a great guy, who knows if it is acting or real).  It was an unpleasant conversation, but finished.  The applicant still doesn't understand why what he did was unacceptable, but hopefully he will find something that will work for them soon. 

All of his money except for application fees was refunded in a cashier's check, and he signed a document that itemized the returned funds, stated no money was outstanding on either side, and that the lease was void. They have all their belongings in a moving van and no house to move into.  I know this is a mess of their own making, but I would rather leave a week or two of rent on the table and have this finished as quickly and painlessly as possible on both sides.  

They do have 4 years of good rental reference together (2 years at current place, 2 years at previous home).  

My knee jerk reaction is to talk with an attorney about making sure I can terminate the lease, but another landlord pointed out that their rental history has been good and there are no new negative accounts since 2013.

Still too many negatives?

Guy filled out application, listed his dog as only other tenant. Income of $90/year with one year contract, only debt is one credit card in good standing and a deferred student loan, good rental references. 

After signing the lease, he mentioned he would be moving his girlfriend and her two kids in with him.  I told him that she would have to go through the app process/background and credit checks as well.  He said that he didn't care if she signed the lease or not, but he would get her to fill out an application.  His move in date per the lease is the 7th.  I reminded him this morning that he needed to send her application in.  They are driving in from out of state, so he texted me her ss, dl, birthdate (their landlord history for the past 5 years is the same, which I was able to verify), and said that she would give me a signed application when they get here.  Her credit - 1 credit card in 2014 and 2015 with good payment history.  Deferred student loans.

6 accounts in collections on accounts assigned in 2011 and 2013, with most recent actions in 06/16.  They have not been paid on, and 4 are medical accounts, 1 library fine, and an electric company.

The application has a clause for reasons for denial, but there isn't anything in the signed lease other than a section that subletters or roommates must go through the application process and be approved.  I am not sure what to do with this.  If it was in the application phase I would handle it one way, but since he has a signed lease based on his application I am unsure what to do.

To add to my concerns and time constraints, he texted me to say that they are arriving in town tonight and want to know if they can move in instead of waiting until Thursday.

Any advice from more experienced landlords would be greatly appreciated.

Thanks for all of the input/conversation.  I don't have a problem renting to someone who has filed for  bankruptcy in the more distant past, this was just much more recent with very little new payment records.  We have previously rented to someone who had gone through a bankruptcy (medical) a few years before, who had excellent work/ landlord references, and was moving into a bigger place as his girlfriend (who had excellent credit) moving in.  They were great tenants for many years.  This applicant ended up having too many red flags (landlord gave a positive reference but with different length of tenancy, different rent amount, impossible to verify that contact was the actual landlord due to several layers of LLCs, wife had 3 accounts with a total of 1/2 a month's rent go to collections recently).

This has been the least appealing bunch of applicants I have had (granted, only my 6th time renting one of our properties), but will keep trying.   I am learning a lot from everyone's input on the forums. Thanks.

Unfortunately there is only the current landlord and the credit/background check to go by, as they were previously homeowners in a different area.  

My only other potential tenant from this batch just moved here from another country and neither have found jobs yet, but they are willing to pay 6 months up front.  

I have a tenant applicant who had chapter 7 discharged and assessed amount paid 6 months ago.  His app states it was due to problems when owning his own business.  He has a union job for the past two years making well above the 3x rent, has two credit accounts (both opened since ch 7 discharged) that are paid on time, has credit score of 600.  His lease is not being renewed at the current place after 2 years (rent is the same as we are asking).  I have a message in for the landlord, but it is an llc (not a big complex or rental management company) so I am interested to see how forthcoming he will be.

I have read the old posts about tenants who are still going through bankruptcy, but what do you think of someone who has completed the process this recently?

Bigger deposit or run away?  

Sorry Nancy - guess I wasn't clear.  I listed the condition of the property to give a feel for the lack of care to the property vs. tenant's insistence that it is in 'excellent' condition, and to give an idea of his behavior.  I always make sure to comply with state descriptions as to what is damage vs. wear and tear.  This is the first time that I have had to withhold more than 25% of a damage deposit, and this is my most challenging tenant.

My question was how specific to get in the letter to the former tenant. 

Nathan - I am sure you are right re:pressure to give him money.  Uploading the video to YouTube is a great idea!  Going to upload this one today.

Thanks for the advice on generalizing.  I tend to break it down too much, which might give him places to push back. 

I like having the tenant present for the walk through so that they sign off on the forms and can't say that damage occurred after they left, but the form also states that damage is not limited to what is listed at the walk through and landlord has 30 days to finalize the damage report.  I have found too many surprises while reconditioning a rental to not take the 30 days.  Luckily our state gives 30 days to return damage deposit itemization, longer if your lease states differently, up to a maximum of 60 days. 

I have a difficult tenant who I gave 30 day notice of non renewal on his month to month lease, moved out 1/2/16 (2 days late).  He and his family have been very difficult with the move out;  his son has told me he will break back into the house (filed a report with the city police dept and informed the tenant of his son's threat and my report), he insists that they "took excellent care of the house" and is expecting his full deposit back.  To give a general idea of some of the mess they left - left it with 2/3rd of the lightbulbs burnt out, holes in 4 doors, very poorly patched holes in the walls in more than 5 locations, missing showerhead, missing ceiling lights, excessive mold, large hole knocked into paneling, enough garbage to overflow a roofing trash trailer, 2 tvs (1 stood 4' tall), cobwebs and filthy walls, excessively filthy carpet including over 15 dog male (squiggly!) separate dog urine deposits (we are replacing due to the damage and not charging anything towards his deposit, as it is already exhausted). 

He refused to attend a final walk through, despite my offer of any time at all on the final day.  He chose 4:00 for the walk through.  At 12:00 I texted a reminder.  At 2:30 he called and said that he had left the keys on the counter and the house unlocked and would not be coming back for the walk through.  He had indeed left every window and every door unlocked.  I did a video walk through, took a ton of pictures, and noted his refusal to do the walk through when I filled out the final walk through form.  Kept all text messages and voice mail.

??How much do you itemize out?  Because his only reply to my message about the extent of the damage has been to acknowledge the missing shower head, a "little trash", and he "already apologized for the tvs", he is angry about being charged 2 days pro-rated rent, and his history of being difficult (and his son's history of trouble with the police), I am anticipating some anger when I tell him there is no refund.  I have so far itemized out every invoice/expense.  Damages have exceeded his deposit even without including much of the paid labor. 

Do I itemize in hopes that he will see the extent of damages (and all the things he isn't being charged for due to the exhaustion of his deposit), and hope to avoid additional issues with this family? Or is that a futile hope? 

Any advice is appreciated!

Thanks,

Suzanne

Linda,

Would you be willing to share the name of the attorney that you spoke with?  I am posting a Demand notice today, but think I need professional help on our first eviction.  Finding a RE or eviction attorney in Arvada with referrals has been difficult.  Thanks,

Suzanne

wilson-  this wasn't the water heater.  It was a 1/2" copper hot water line underneath the master bathroom.