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Old 10-01-2014, 10:54 PM
 
2 posts, read 4,568 times
Reputation: 10

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Hi all, I need advice: I recently viewed a town home to rent, applied and was approved, and the realtor (agent for owner) is pressing me to sign lease ASAP. When I viewed the home, it was 3 days after old tenants had left, and was in horrible condition. I paid a $35 credit fee, and (!) $475 "admin"/"not a hold" fee (1/2 rent, applied to 1/2 security upon lease) for the application as I truly like the place (and dislike my current apartment). There are few outstanding items that are deal breakers and I want fixed before I move it: (1) A bad odor in the kitchen - not sure if there is rotting food in there, or was (2) glass sliding door sealed shut (3) tons of belongings in the garage (4) really dirty all over. It should be noted I am breaking a lease to move so my cost is substantial, so while not expecting perfection, I know I am not dealing with a property management company, and recognize the realtor is trying to capture commission. I requested that I would not sign until the unit is in move in condition, but was told "it would be gone by then". This is an in-demand unit, and we agreed to escalate my concerns to see if I could get this in writing to be handled by the move in date (still undecided, but likely 10/15), but I have yet to get a response. I would likely be spending 3500 just to move, and with all I read about admin fees and the pressure I am getting to sign without seeing this in move in condition, I am getting nervous and skeptical. What to do? I indicated they no doubt have my interest with over $500 of my money - and they would have to make said repairs anyway - why go anywhere else to get another tenant unless they intend not to clean up the place to my satisfaction? Do I hold out to sign? While I hate the place I am in (in a new construction zone, and have a small child) it habitable, and I am in no rush. I am just wondering if this is typical with agents/realitors to push and not have units in move in condition. In my current apartment complex I signed the day of move in.
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Old 10-02-2014, 03:14 AM
 
10,746 posts, read 26,026,661 times
Reputation: 16033
How can it be 'gone by then' if you already put money down on this unit? I hope the receipts you received clearly state that the money you gave is going towards the rent and deposit.

My concern is, if you refuse to sign can they say you're backing out of the deal and can they keep your money?

It shouldn't take them more than two weeks to get that unit ready and you shouldn't sign anything until you're ready to take possession of the unit.
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Old 10-02-2014, 04:34 AM
 
Location: The Triad
34,090 posts, read 82,988,469 times
Reputation: 43666
Quote:
Originally Posted by skyguy713 View Post
There are few outstanding items that are deal breakers and I want fixed before I move in:
(1) A bad odor in the kitchen - not sure if there is rotting food in there, or was
(2) glass sliding door sealed shut
(3) tons of belongings in the garage
(4) really dirty all over.
"call me when the place is ready"

Then keep looking.

The agent doesn't want to front the cash to pay for that work.
YOUR money will be used.

Until it's ready... it isn't.
If they are serious it could be ready in two days.
Make them show you how they'll be six months from now too.
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Old 10-02-2014, 05:04 AM
 
27,214 posts, read 46,754,781 times
Reputation: 15667
Unfortunately that is how it happens a lot. In our area we rent out places the minute they get advertised and some are in good condition when potential tenants view them but some need a lot of work.

It will be up to the potential tenant to be sure they trust the company or realtor who is showing them the place.

We have tenants moving in this weekend that saw a property in bad shape and now they will be very happy with new flooring through out, freshly painted through out incl garage floor, and when they move in the new stove will be delivered but keep in mind we are a professional company with a good reputation although some tenants who didn't get their full security deposit back may say otherwise.. but that comes with the territory and we know that.

We were clear what we were going to do and what not. We also explained that there may be some items we might not know off but if they are not normal wear and tear and not significant than we will fix them a.s.a.p. When we are informed since inspecting a property is not like living there 24/7.

But the other side is that we have heard and witnessed horror stories of owners and/or bad companies who don't follow up what they promise.

Since we work with different owners we need to know the owners for a while to know what amount of money they will spend to fix a property and if it is not up to certain standards than we have to part with an owner.

Right now we have a new owner who is very willing to do as we advise but he hired the worst people and that is causing bad work and delay after delay and we are now 5 weeks into the repairs and aside from painting the trash is not even hauled off so we had to postpone showings since this is a new owner who is very willing but not willing to hire good professionals so we are waiting for the finished or close to finished product before we can show it since we don't want to be accused of renting out a place that is so bad.

Being on this side but having been on he other side...I personally wouldn't rent or sign unless I have in writing what will be done but honestly we never had any potential tenant asking us to put in writing what was going to be done and it surprises me....of course some may just not rent and look else where but many sign without getting any guarantee.
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Old 10-02-2014, 05:46 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
You don't sign any lease until you have it in writing and very specifically, exactly when the unit will be available and the condition it will be in. Both you and the realtor will sign to it.
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Old 10-02-2014, 06:14 AM
 
2 posts, read 4,568 times
Reputation: 10
Thanks all for the replies. I get the feeling that if it doesn't feel right it isn't. My second question was the 1/2 security I fronted. This is a new processs to me and I am sure I lost it. It was not a hold fee and I fronted it to show I was interested (that was the exact language). But is it somewhat fraudulent to take 1/2 security from other applicants saying "it will be gone by then" when I indicate I want to sign when these items are resolved? Again, they are not major, and they have half months rent in their pocket. I don't really haven't a problem walking on it but interested if this is common.
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Old 10-02-2014, 06:23 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
Quote:
Originally Posted by skyguy713 View Post
Thanks all for the replies. I get the feeling that if it doesn't feel right it isn't. My second question was the 1/2 security I fronted. This is a new processs to me and I am sure I lost it. It was not a hold fee and I fronted it to show I was interested (that was the exact language). But is it somewhat fraudulent to take 1/2 security from other applicants saying "it will be gone by then" when I indicate I want to sign when these items are resolved? Again, they are not major, and they have half months rent in their pocket. I don't really haven't a problem walking on it but interested if this is common.
If the receipt says, "security deposit" it has to be returned to you. A security deposit covers any damages, above normal wear and tear and unpaid rent and if you never move into the unit it can't be withheld for any reason. In most states (laws are linked in the first "sticky" on this forum) a holding deposit holds the unit for you but the LL can only deduct from it "reasonable" costs of re-advertising the unit if you back out.
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Old 10-02-2014, 07:06 PM
 
Location: Riverside Ca
22,146 posts, read 33,544,925 times
Reputation: 35437
Quote:
Originally Posted by skyguy713 View Post
Hi all, I need advice: I recently viewed a town home to rent, applied and was approved, and the realtor (agent for owner) is pressing me to sign lease ASAP. When I viewed the home, it was 3 days after old tenants had left, and was in horrible condition.
Most likely what you see is what you get as soon as you sign the lease.

Quote:
Originally Posted by skyguy713 View Post
I paid a $35 credit fee, and (!) $475 "admin"/"not a hold" fee (1/2 rent, applied to 1/2 security upon lease) for the application as I truly like the place (and dislike my current apartment). There are few outstanding items that are deal breakers and I want fixed before I move it: (1) A bad odor in the kitchen - not sure if there is rotting food in there, or was (2) glass sliding door sealed shut (3) tons of belongings in the garage (4) really dirty all over. It should be noted I am breaking a lease to move so my cost is substantial, so while not expecting perfection, I know I am not dealing with a property management company, and recognize the realtor is trying to capture commission.
Holy duck. $475 admin fee. Man WTF. I'm gonna start charging admin fees. From now on simply talking to me will cost potential tenants. $100 to open the door, $300 to turn on lights. J/K I charge no fees. None of that app fee or admin fee crap. Hell if the person I want to rent from me and sign a lease I refund them their app fee. I just flat out don't believe in Fee'ing someone to death.

Quote:
Originally Posted by skyguy713 View Post
I requested that I would not sign until the unit is in move in condition, but was told "it would be gone by then". This is an in-demand unit, and we agreed to escalate my concerns to see if I could get this in writing to be handled by the move in date (still undecided, but likely 10/15), but I have yet to get a response.
What a load of crap. I would walk. I have NEVER rented or really shown a rental without having it move in ready. I have grudgingly shown it at the potential tenants request and I don't even like that. I dnt even show the place if the tenant is occupying the unit. But whatever I agree to do for the tenant it gets done. I have never used the " Hurry it will be gone" tactic. I don't need to play stupid games to get a tenant.


Quote:
Originally Posted by skyguy713 View Post
I would likely be spending 3500 just to move, and with all I read about admin fees and the pressure I am getting to sign without seeing this in move in condition, I am getting nervous and skeptical. What to do? I indicated they no doubt have my interest with over $500 of my money - and they would have to make said repairs anyway - why go anywhere else to get another tenant unless they intend not to clean up the place to my satisfaction? Do I hold out to sign? While I hate the place I am in (in a new construction zone, and have a small child) it habitable, and I am in no rush. I am just wondering if this is typical with agents/realitors to push and not have units in move in condition. In my current apartment complex I signed the day of move in.

It probably is typical or at least frequently done because I always read these types of posts.

Quote:
Originally Posted by Kim in FL View Post
How can it be 'gone by then' if you already put money down on this unit? I hope the receipts you received clearly state that the money you gave is going towards the rent and deposit.

My concern is, if you refuse to sign can they say you're backing out of the deal and can they keep your money?

It shouldn't take them more than two weeks to get that unit ready and you shouldn't sign anything until you're ready to take possession of the unit.

Looks like it was a security deposit to coerce a quick lease signature or create a sense of urgency. I believe op said it was NOT a hold deposit. He should get that back. I have never asked for 1/2 the sec dep as a condition of lease signature. Too weird.
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Old 10-03-2014, 09:24 AM
 
Location: North Idaho
32,650 posts, read 48,053,996 times
Reputation: 78432
You have already given all that money? You really like the new apartment? You probably would not get any "administration fees" returned to you (guessing without actually seeing the receipt)

My advice at this point (when it is close to being too late): Ask to get it in writing about what repairs and cleaning will be done and go ahead and sign the lease.

Worst case scenario, if you really like the unit, you really are allowed to clean when you take possession. You aren't required to live in it just as you received it. The cost of cleaning vs the money you lose if you back out, makes doing some cleaning more attractive.

If you decide to move in, take extensive photos to document condition, so that you can get your cleaning deposits back when you move out. Make your requests for cleaning and junk removal in writing at the time you sign the lease. Again, to make it so you can get a refund when you move out.

Occasionally, a landlord will give you a rent discount for the first month if you need to do any cleaning yourself. It never hurts to ask.

If you happen to be in an area where rentals are hard to come by and if you have a difficult time finding something that suits you, you might not be able to get a place in perfect move-in condition. If there is a line of people eager to obtain that apartment, you might not be able to negotiate much.

What I would have done would have been to negotiate a bit before handing over any money and gotten that in writing. I figure that what you see is what you are going to get. If it really has been cleaned and repaired when you arrive to move in, you have been luckier than usual.

Whether or not I would place a deposit on a dirty unit and expected to have to clean myself would depend upon how difficult it is to obtain a nice rental. Normally, I would want "clean and move-in ready" before I gave money, but if there is nothing available to rent, sometime you must take whatever you can get.
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Old 10-03-2014, 09:39 AM
 
Location: NYC
3,076 posts, read 5,500,385 times
Reputation: 3008
I'm going through something similar....I saw a place I liked but the place needed a lot of work. The tenants had lived there for over 2 years and it looked like a mess. I told the landlord (no realtor) I was interested, but would only sign a lease if the certain issues i had were addressed, namely (1) needed a thorough cleaning; (2) needed new carpet and (3) paint. The landlord seemed shocked by the condition of the place too.

She agreed to this, but I am still waiting to hear back from her regarding the repairs..the tenants moved on on 9/30.

I would NEVER have signed anything in the condition it was currently in.
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