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I found out the agent had rented out several other units in the same building. So I went door to door and talked to them. I received non-negative reviews. Although there was one instance where a move in was delayed.
So I cut a cashier's check with a memo for his fee, and spend 2 hours with the lease (which was very standard, no surprises) and signed. I got a call from the LL and arranged for key pick up with the super. So far, it's been ok. Although progress on the apartment is slow at best.
I also took pictures of all my receipts.
I also wonder what's law for recording conversations with my agent without his knowledge just as protection? Is it valid evidence for any legal proceedings?
Curious, was a deposit submitted and accepted by the Ll or his agent?
A solution based upon the facts above w/b for the renters to execute a lease *dated* 7/1 with the term to also begin 7/1. In this way the lease won't be in effect until 7/1 AND if the apt is not 'acceptably' delivered on 7/1 then the llease is breached and the renters will not be liable for terms after 7/1.
If the apt is delivered after 7/1 then a new lease with the appropriate dates can be executed by the parties.
Re the Agent and his fee, upon an executed lease dated with the start date 7/1 and with the client/renters ready and able to accept delivery on the start date 7/1, the Agent has earned the fee and is entitled to payment, even if the LL has not delivered the apt on the start date, 7/1 (and has technically breached the lease).
In this way all parties, LL, Tenant, and Agent, are secured AND the onus is upon the LL to fulfill his promises. If the LL fails, the agent is still entitled to a fee from the LL. If the fee is to be paid by tenant, then technically the tenant is responsible to the Agent, but the LL will be liable to the tenant for expenses (including fees) incurred as a result of the LL's failure to deliver and fulfil the lease terms.
Though, in your example, I wonder if the LL is being unreasonable wanting all weight to be in his advantage and not willing to bear any risk. In which case the tenant should simply walk away. This is a situation in which an Agent must finesse his true client, the LL! An ethical and experienced Agent would recognize the circumstance and act in the interest of the tenant/client and suggest finding the tenant a better circumstance, then 'massage' the LL with a little white lie and/or just saying the tenants refuse. In which case the Agent simply finds the tenant a new apt and gets paid and the LL a new tenant and gets paid. Better to guard your rep with the tenant and the prospective public. The LL, under the circumstance s/b easy to handle. In the end the LL loses nothing and you serve your tenant/client, gain rep and hopefully reccommendations. What is an Agent w/o prospective tenants/buyers??? With such, finding LLs/Sellers is relatively easy.
JColtrane, my renters had were treading on thin ice. They did not seem to understand that their lease began on the 1st of July, thus their occupying the apartment at their lease start date was when they should have been concerned about the work being done. They were being trivial about floors that had to be re-sanded, light fixtures that weren't in place and appliances that needed to be switched out. Apparently, an agent had burned them before and done a walk-through of what needed to be done to another apartment and pretended to submit it to the landlord. He also fabricated an email saying that the work would be completed. When they called the receptionist at the LL to verify, his story did not check out. This was the first time a situation like this had come across my desk, but now I know how o deal with it in the future.
JColtrane, my renters had were treading on thin ice. They did not seem to understand that their lease began on the 1st of July, thus their occupying the apartment at their lease start date was when they should have been concerned about the work being done. They were being trivial about floors that had to be re-sanded, light fixtures that weren't in place and appliances that needed to be switched out. Apparently, an agent had burned them before and done a walk-through of what needed to be done to another apartment and pretended to submit it to the landlord. He also fabricated an email saying that the work would be completed. When they called the receptionist at the LL to verify, his story did not check out. This was the first time a situation like this had come across my desk, but now I know how o deal with it in the future.
I understand, though *I* wouldn't say there were being "trivial", people have different acceptable standars, and a LOT of money is being paid.
If one wants perfect, demand it! A bit of a pain for the Agent, but the tenant has too live with it! Keep at it you're going to find alll sorts of wacky situations, particularly if rental demand ever falls of.
I found out the agent had rented out several other units in the same building. So I went door to door and talked to them. I received non-negative reviews. Although there was one instance where a move in was delayed.
So I cut a cashier's check with a memo for his fee, and spend 2 hours with the lease (which was very standard, no surprises) and signed. I got a call from the LL and arranged for key pick up with the super. So far, it's been ok. Although progress on the apartment is slow at best.
I also took pictures of all my receipts.
I also wonder what's law for recording conversations with my agent without his knowledge just as protection? Is it valid evidence for any legal proceedings?
Thanks for the lengthy write ups above!
Curious, why the Cashier's Check to the Agent? A regular check s/h sufficed and you s/n have had to incur the bank fee.
Though, I guess brokers/agents have been burned before (consequently they established a policy); but in your case you are not immediately occupying, so there is ample time for a regular check to clear.
Re the "recording", can't recall detail, but in any event you are likely to end up in small claims, such courts are VERY lenient!
Well as I said, I don't think our requests are trivial. Really, when the floors need to have polyurethane reapplied it takes a long time to cure and for the smell to air out. I'm just worried that I can't move out by 7/1 and my previous LL docks my deposit.
The LL had been good over the phone so far. I'm really hoping I can pick up the keys from the super on Saturday and get moving.
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