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As a LL or tenant for that matter, you can’t just back out once a lease is signed. The original poster signed the lease knowing they weren’t getting money immediately. Now that a better applicant has come along, you can’t just tear it up and start over.
Now, contracts are broken all the time. You have to talk to the other party, and work out any fees or penalties that apply to the situation.
We had to have all money that was due to move in at signing, in the form of a bank check
If I was you, I'd send the tenant a written notice that the contract is invalid, as he did not pay what was due upon signing, then go with the tenant you prefer.
Worst case scenario, he sues and tries to enforce contract. By then, the new tenant is in. And the judge will see that the contract said he'd pay upon signing and didn't.
I think you're okay. I say be assertive, tell him no-go, and move on. I doubt he'll sue, and if he does, as I said, you should win.
Oral agreements are only valid for month-to-month agreements. So, you're wrong.
Would the court expect the LL to wait to see if the tenant will show up with a money order, or a bad check upon move-in day, when the contract says money has to be paid upon signing?
I doubt it.
It's completely reasonable for the LL to move on to another tenant, and consider the one agreement void, because they didn't pay as agreed.
I think that's a better gamble, than going with a tenant who may show up with a bad check on move-in day, and pass up a good tenant.
The court's all about what's reasonable. And I think it's reasonable to move on, when one side of a contract doesn't live up to the terms of the contract.
Nope. Your wrong on that- an oral agreement is enforceable unless (and only unless) it is prohibited by the statute of frauds. Rental leases aren't generally within the scope of the statute of frauds in most states. While a written contract can't be modified generally speaking- there are two exceptions. The first is known as promissory estoppel. (A separate promise to do something outside and independent from the rental contract.) The second is known as "Waiver of contract". (Where a person doesn't seek to enforce a particular provision as a prolonged and habitual course of conduct.) Notably, security deposit is due when the contract explicitly says it's due. If it's not paid by then, you have essentially a default of contract, where it is equitable to void the contract absent immediate curing of the default.
Unusual to have person pay security and 1st month rent on move-in day.
LOL not in a market with massive demand and little supply. You want a place to rent, you better have the money (1st month and security deposit) upfront, because you can rest assured someone else will.
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