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Old 03-02-2010, 01:48 PM
 
615 posts, read 1,522,910 times
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We are relocating from MA to TX in a few weeks, and we've found an incredible house on a realtor site. We contacted the realtor we've been working with, and they said the house is getting a lot of attention (aren't they all?).

Anyway, my wife is planning to fly out to Texas in 2 weeks to look at houses, and I wanted to put a deposit down on this house, with the exception of taking back our deposit (minus the app fee) if it's not everything it's cracked up to be. The other party agreed.

However, the application we received is a template, and it has a provision that says if the Applicant withdraws their application during the process, that the Landord retains the deposit money. This is a no go for me.

Thoughts?

Additionally, there is a Yes/No section on the application that asks various questions about smoking, crime, etc. I was evicted from an Apt complex when I was 17 when I was in college and a bunch of friends bagged me with the rent. 10 years later, I know it's off my credit report as a negative, but I want to answer the application truthfully. Do I have to report this?

Thanks!
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Old 03-02-2010, 04:53 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,884,909 times
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If the other party agreed to the deposit return, have them, and you, cross it out and initial that portion of the application. Only cross it out, don;t obliterate it. And do not sign it until the cross out is done by both parties.
As for the eviction, maybe just say so in the meeting, do not put it on the application.
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Old 03-03-2010, 01:19 PM
 
27,214 posts, read 46,736,758 times
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I know about rentals going fast and it can be true. mine are never empty for longer than 3-5 days. Everyday I still receive calls for them although I took them off the websites I had them listed. It seems that some websites are linking their website and that way it is listed on websites I never heard of, nice in one way but the result is that other people keep calling.

If the location and the rental is in a very good condition then they go very fast specially due to all the foreclosures, etc.

I agree with the previous poster that you should cross out the sentence but IMO you can sign the paper if you initial and put in your writing that you had a verbal agreement to obtain your sec. deposit back in case the rental wasn't in the condition as was stated to you over the phone. In a court of law you should be fine. But write it and initial next to all changes you make and keep a copy for your own records.

Good Luck!
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Old 03-03-2010, 02:09 PM
 
3,644 posts, read 10,938,945 times
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Verio,

Do you have your own realtor, or are you working directly with the property manager of the house? I thought that having my own realtor in this renting situations was one of the positive of moving to texas, last summer. The realtors have a relationship and are more careful with each other than they are with just Joe Schmoe on the internet.

Our realtor and we had a contract. Based on HIS viewing of the property, we put down a partial deposit (25%) until we could approve the property ourselves, in person. This worked out well for us.

Good luck!
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Old 03-04-2010, 08:32 AM
 
615 posts, read 1,522,910 times
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Quote:
Originally Posted by sskkc View Post
Verio,

Do you have your own realtor, or are you working directly with the property manager of the house? I thought that having my own realtor in this renting situations was one of the positive of moving to texas, last summer. The realtors have a relationship and are more careful with each other than they are with just Joe Schmoe on the internet.

Our realtor and we had a contract. Based on HIS viewing of the property, we put down a partial deposit (25%) until we could approve the property ourselves, in person. This worked out well for us.

Good luck!
This sounds like good advice.

We do have our own realtor, but the property manager called us back directly and wasn't very friendly at all. Refused to negotiate on anything about the security deposit or writing on the application.

There is currently no stove located in the property, but she stated via email they would purchase one, once someone placed a deposit. I asked for her to put that on the application, but she refused.

I'm currently employed in Massachusetts, but transferring to Texas for a Government position. I have a letter with the Department of Defense letterhead at the top in PDF format with my employment information, and she refused to take that as proof of employment (I don't want them calling Washington DC directly).

This lady was ridiculous.

I let her know that we wouldn't be moving until the 1st/2nd week of April, but I wouldn't mind paying all of April if that was an issue. She stated that we MUST occupy the house within 10 days of them approving our application, or we would forfeit our deposit money.
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Old 03-04-2010, 11:25 AM
 
Location: Boise, ID
8,046 posts, read 28,472,904 times
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Quote:
Originally Posted by Verio View Post
This sounds like good advice.

We do have our own realtor, but the property manager called us back directly and wasn't very friendly at all. Refused to negotiate on anything about the security deposit or writing on the application.

There is currently no stove located in the property, but she stated via email they would purchase one, once someone placed a deposit. I asked for her to put that on the application, but she refused.

I'm currently employed in Massachusetts, but transferring to Texas for a Government position. I have a letter with the Department of Defense letterhead at the top in PDF format with my employment information, and she refused to take that as proof of employment (I don't want them calling Washington DC directly).

This lady was ridiculous.

I let her know that we wouldn't be moving until the 1st/2nd week of April, but I wouldn't mind paying all of April if that was an issue. She stated that we MUST occupy the house within 10 days of them approving our application, or we would forfeit our deposit money.
Wow, I see several things wrong with that, and I would give that place a wave goodbye.

By saying that she would buy a stove once someone pays a deposit, that indicates to me that she is probably needing that deposit to buy the stove, which means that when you move out, she isn't going to have your deposit to refund to you. Some states have laws regarding placement of money into an escrow account, but not all do, and not all landlords follow those laws in the states that do, especially private owners. And refusing to put that into writing is a warning flag too.

Also, she can't dictate when you take occupancy. She can dictate when you start paying rent and utilities, but not when you occupy. You can rent the place and NEVER move in, and as long as you pay the bills, she can't do anything about it.

What does she say she wants for proof of employment? Usually paystubs and a letter from that employer are sufficient. Do you have a local supervisor at the place you are transferring to in Texas that LLs can call? Personally, I wouldn't want to call Washington DC myself, I would want to talk to the local guy in charge.

Overall though, I'm getting too many alarms going off on that post, and I would keep looking.
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Old 03-04-2010, 11:50 AM
 
615 posts, read 1,522,910 times
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My supervisor will be based in Alabama. This is pretty much a solo position, which is why I took it. I know if I was hiring someone and I got a random phonecall from a Realty agency asking for proof of employment of an employee who hasn't even started would strike me as odd.

Plenty of other houses in the area to look at, so I'll just move along.
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Old 03-05-2010, 06:29 PM
 
Location: Orlando, Florida
43,854 posts, read 51,174,310 times
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Quote:
Originally Posted by Lacerta View Post
Wow, I see several things wrong with that, and I would give that place a wave goodbye.

By saying that she would buy a stove once someone pays a deposit, that indicates to me that she is probably needing that deposit to buy the stove, which means that when you move out, she isn't going to have your deposit to refund to you. Some states have laws regarding placement of money into an escrow account, but not all do, and not all landlords follow those laws in the states that do, especially private owners. And refusing to put that into writing is a warning flag too.
This is a major point!! As I've posted previously on here, the reason some landlords give tenants a hard time about returning their deposit is that the landlord doesn't have the money. Times are tough and people look out for their own pocketbooks.

I would really hesitate to move into the place. If she is a pain now, she'll be a pain later.
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Old 03-05-2010, 07:59 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,884,909 times
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I'm sorry all that happened to you with a move to Texas. Be glad your insticts set off a warning flag and you didn't bite. You know your stuff about what is usual and customery. Good luck in finding a place. The next LL will be better.
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Old 04-14-2010, 11:08 AM
 
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I live in a two family house, upstairs with my wife. I own half the house and my sister owns the other half in which she lives downstairs.. If I had to leave my top floor apartment due to c a job change, could I rent out my apartment as income without my sister approval
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