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If anyone has any kind of advice, I'd appreciate it so much!! I live in Minnesota and here's my dilemma:
We filled out an application and the LL asked us to sign a lease / put down a deposit for the place. We said we weren't comfortable with giving him a deposit just yet - we wanted to make sure we were approved and that we still wanted the place. LL said only upon application approval, we could talk about giving him a deposit. We liked this place, but that same night found a new place that we would like to move into instead.
The next day, the LL texted me saying we were approved and asked when we could give him the deposit. I texted back same day telling him we weren't going to rent with him due to us finding another place with an earlier move in date my roommate needed - I didn't hear back from him. A week later on June 10th, he texted again saying he is unsuccessful in renting the place and because we signed, it's valid and binding. When we signed, he gave an impression that it was upon pending approval - to "hold" the place for us since we were the first to hand in our app among about 15 other renters that day (yes I am now aware that was stupid on our part).
When we looked at this place on June 3rd, he had just posted the listing 5 days ago (end of May) and move in date isn't until August 1. I texted him back asking if there was any way we could work this out and I haven't heard from him yet. What should I do? Ask him if he's trying to find a new renter, offer to help him a find another renter, etc? He still has 1 month and a half to find a renter. I don't want to be an annoying renter, but I also don't want him to text me in the middle of July saying that he's still holding us accountable. PLEASE HELP! Thanks!!
You need to clarify: did you sign a lease or just an application?
If you only filled out an application for approval and NOT signed a lease, the LL is flat-out lying to you and you can tell him to go screw off. An application, especially one that requires approval, does not constitute automatic acceptance.
However, if you signed a lease, then yes, that is a valid and binding contract and you'll need to look at MN's state laws to see what your options are.
So you signed a lease or a application? Its two completely different things. But you did not give deposit? No money was exchanged? You did not take possession? No walk through? Nothing other than a lease signature where you were lead to believe you had to sign the lease and give deposit to " hold" the place? FYI if you give a "hold" deposit and it's accepted that automatically puts you first in line. The competition gets held off hence the "hold" on the rental. Also you do not sign a lease until you for sure want the place, you saw it and walked it.
I would not agree to helping with anything. Don't get involved. If he wants to uphold the lease on a property where you did not take possession he needs to take you to court. Basically he can't rent it and wants you on the hook.
What the previous poster stated is true but legally if the LL goes to court and if he has your SSN than it is a risk you take even though it is unlikely that he will go to court and spent money in that.
The LL needs to be given notice in a way that you have proof and the LL at a minimum needs to mitigate his damages and if it was for an August move in than the LL should have plenty of time to get it rented.
Lesson learned never sign a lease prior to an approval.
Btw you can also advertise online to promote the property for the owner and let the owner know so you show you are doing anything to help out and it doesn't costs you money. Any person you talk to take their phone number and name and follow up if they are turned away or having a chance to apply since that will be your proof if the LL goes to court. If the LL tries to keep the place empty and charging you while turning away good or reasonable candidates than no judge will even rule in LL favor.
Btw security deposits often will be adjusted upwards if someone's credit is very bad which makes the not able to tell how much the security deposit will be upfront, not a real red flag.
We tell tenants it is equal to one months rent unless you have something on your credit report that is more of a concern but not a reason to deny you but it will you only to qualify with a higher security deposit and we have few tenants who we charged a higher amount and to be honest these are the ones who have issues paying on time so credit scores proof to be related to paying habits.
Yes, we saw the apartment and walked through. I told him I would not give the $995 deposit that day and he said that was fine, but our applications would not be processed unless we gave him the $45 each.
So the only money given to him was the $45 app fee from the both us along with a signed application form - no deposit. We did sign lease where we were lead to believe that that would "hold" the place due to us not giving him the deposit and others filling out the apps.
So did we take possession because of the $45 we paid for the app to be processed?
Oof; so you actually did sign a lease? That's unfortunate, as you did sign a legally binding contract then.
I can't speak to Minnesota rental laws; you'll have to look at the sticky posed at the top of this forum.
Hopefully MN is a landlord mitigation state and LL will need to advertise the apartment, and if you're lucky, find another renter prior to August 1st.
Last edited by berniekosar19; 06-11-2014 at 08:59 PM..
If anyone has any kind of advice, I'd appreciate it so much!! I live in Minnesota and here's my dilemma:
We filled out an application and the LL asked us to sign a lease / put down a deposit for the place. We said we weren't comfortable with giving him a deposit just yet - we wanted to make sure we were approved and that we still wanted the place. LL said only upon application approval, we could talk about giving him a deposit. We liked this place, but that same night found a new place that we would like to move into instead.
The next day, the LL texted me saying we were approved and asked when we could give him the deposit. I texted back same day telling him we weren't going to rent with him due to us finding another place with an earlier move in date my roommate needed - I didn't hear back from him. A week later on June 10th, he texted again saying he is unsuccessful in renting the place and because we signed, it's valid and binding. When we signed, he gave an impression that it was upon pending approval - to "hold" the place for us since we were the first to hand in our app among about 15 other renters that day (yes I am now aware that was stupid on our part).
When we looked at this place on June 3rd, he had just posted the listing 5 days ago (end of May) and move in date isn't until August 1. I texted him back asking if there was any way we could work this out and I haven't heard from him yet. What should I do? Ask him if he's trying to find a new renter, offer to help him a find another renter, etc? He still has 1 month and a half to find a renter. I don't want to be an annoying renter, but I also don't want him to text me in the middle of July saying that he's still holding us accountable. PLEASE HELP! Thanks!!
no that is backwards on that landlord. first, did you sign a lease? doesn't matter what was said verbally, the lease is binding.
however, a deposit is supposed to be held for a possible lease, if the tenant chooses to not go with the apartmtent, they only lose the deposit. if the landlord chooses to refuse the lease, then the deposit goes back to you.
but the most important clue - if you signed a lease, then why would he look for other tenants, which would imply that it was NOT a lease, but only like an offer to hold the potential apartment.
what happened was - he thought another person would take it, when the others did not, then he made up this stuff about your thing you signed being legal.
so you have to find out - does it say on there that you are taking the apartment and it has a begin and end date, or what does that paper say? thats how you will know if you signed something mixed up. you might be legally bound to it, depending on what the language on the lease is. if the landlord is mixing things up, then he cannot bind you to that lease.
an application is NOT a lease, neither is holding an apartment a lease.
also, you do not sign a "lease" and give a deposit and then wait for it to be approved. thats wrong too.
I think what you signed was an application and maybe gave him a deposit to hold, but its not the actual lease.
I just read the other posts here, looks like you got tricked into signing a lease, but the way the landlord did it he did it to cover his butt, because thats not how the lease procedure works. he was calling things which they are not, and tricking you into signing something that he called an application but its really a lease.
read the thing you signed carefully and see what it is you signed and what is the begin and end date of the thing and read the other fine print and next time be careful what you are signing.
if worse comes to worse and you are stuck, can you live there for the time you signed it - if thats what you did - are you stuck for a year? is there anything about getting out of the lease? anything to get you out of this thing? i think he tricked you or else you were not careful - watch what you sign next time - this goes for anything - it could be worse. you learned an expensive lesson in carefully reading and not signing anything until you carefully go over it. verbal means nothing. sadz for you
I also can't believe that a LL would charge $995 as a "holding" deposit.
Even in NYC, with it's overheated rental market, you'll rarely see anyone charge more than $500 for a refundable holding fee.
if that lease was verbal & binding then why would that crafty landlord show the apartment to others? that proves that the landlord was doing something devious.
Maybe that "lease" is not even legal and binding. Who told the OP? I bet if the OP takes another look at this piece of paper, i bet he/she could find something that is also screwed up. Either that landlord is stupid or crafty, but maybe in his stupidity he didn't really cover his butt, but maybe made a goof.
OP read over the thing very carefully and maybe you will find out it is NOT legal and binding. maybe that landlord is confused and he told you that but it may not necessarily be so. in fact the answer might be so obvious that you missed it by listening to that guy lie to you and make you think it is a lease when its not.
please let us know what happens ok?
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