Was threatened about bein (by Junior [RI]) Apr 19, 2008 3:08 AM
Was threatened about bein (by Terry [CA]) Apr 19, 2008 3:24 AM
Was threatened about bein (by Bill [TX]) Apr 19, 2008 4:08 AM
Was threatened about bein (by Sparky [PA]) Apr 19, 2008 4:29 AM
Was threatened about bein (by GEO. [OK]) Apr 19, 2008 4:35 AM
Was threatened about bein (by Red [GA]) Apr 19, 2008 4:36 AM
Was threatened about bein (by Andrew , Canada [ON]) Apr 19, 2008 4:52 AM
Was threatened about bein (by xx [XX]) Apr 19, 2008 5:47 AM
Was threatened about bein (by Stew [LA]) Apr 19, 2008 5:59 AM
Was threatened about bein (by Red [GA]) Apr 19, 2008 6:04 AM
Was threatened about bein (by tyler [NC]) Apr 19, 2008 6:14 AM
Was threatened about bein (by ManateeAlley [FL]) Apr 19, 2008 6:29 AM
Was threatened about bein (by Stew [LA]) Apr 19, 2008 6:34 AM
Was threatened about bein (by billy button [MA]) Apr 19, 2008 6:50 AM
Was threatened about bein (by Wallace CPM [VA]) Apr 19, 2008 7:35 AM
Was threatened about bein (by Junior [RI]) Apr 19, 2008 7:40 AM
Was threatened about bein (by Junior [RI]) Apr 19, 2008 7:42 AM
Was threatened about bein (by AllyM [NJ]) Apr 19, 2008 7:47 AM
Was threatened about bein (by Sandy [CO]) Apr 19, 2008 8:25 AM
Was threatened about bein (by Dan [MA]) Apr 19, 2008 8:59 AM
Was threatened about bein (by Cat [WI]) Apr 19, 2008 10:06 AM
Was threatened about bein (by OrEGone [OR]) Apr 19, 2008 11:32 AM
Was threatened about bein (by Junior [RI]) Apr 19, 2008 11:42 AM
Was threatened about bein (by laundromat [WY]) Apr 19, 2008 12:30 PM
Was threatened about bein (by Suzanne [TX]) Apr 19, 2008 12:56 PM
Was threatened about bein (by Nancy [IN]) Apr 19, 2008 1:34 PM
Was threatened about bein (by JJ [OR]) Apr 19, 2008 8:32 PM
Was threatened about bein (by Wilbur [WV]) Apr 20, 2008 4:14 AM
Was threatened about bein (by Red [GA]) Apr 20, 2008 4:45 AM
Was threatened about bein (by Stephen [WA]) Apr 26, 2008 2:56 PM
Was threatened about bein (by Kenyah [GA]) Apr 30, 2008 1:59 PM
Was threatened about bein (by Drew [CO]) May 2, 2008 5:36 PM
Was threatened about bein (by Junior [RI]) Posted on: Apr 19, 2008 3:08 AM Message:
State Specific Question About: RHODE ISLAND (RI)
I have a condominium that I am renting out. A prospective tenant came to look at it and loved it. He had a depisit of $1000 somewhere else that if he cancelled he would loose. He told me he was going to cancel it and loose the money because he loved my apartment so much.
I gave him a rental application and a lease to take home and look over, at that point, right in front of me he called to cancel the lease on the place he had the deposit on....
He got back to me the next day saying he didnt like the lease and he needed some things cnanged.
We went back and forth for a few days and in the meantime I got another qualified tenant to fill out an application, sign the lease and give a deposit - none of which this guy did...
I told him it had been rented and there is a signed lease...
last night he left me a voicemail at 11pm telling me I made him loose $1000 and he is going to sue me. His lawyer will contact me. My guess is he is bluffing but I'm not too sure.
Any ideas, thoughts, feedback on this matter? --69.95.xx.xxx |
Was threatened about bein (by Terry [CA]) Posted on: Apr 19, 2008 3:24 AM Message:
Seems lots missing here or done out of order?
First off, ONLY an application should be given first, then (did you?) fully screen the applicant BEFORE doing ANYTHING else.
So first question did you fully screen (verify income via paystubs, employment history, LL references, credit and criminal/eviction court records, etc)?
Next, ONLY AFTER he had been fully screened and approved paying ONLY an application fee to do that, the next step would be to sit down TOGETHER for the lease reading/signing...you don't give it to them to take with them unsigned! This can be implied approval to rent.
Next, the obvious, I would have cautioned him to NOT call the other place as until he was fully screened it was not any guarantee he WOULD get your place.
When processing applicants, the best process is ONE AT A TIME. And you don't "drag it out". You give deadlines up front. For example you say I will process your application and if approved, you will need to sign all paperwork and pay all money by the following day at a certain time. You do NOT process any other tenant until that deadline has passed but can accept applications as backup while you are screening the first.
So as I said..lots of missing or out of order things but part of that might be the way you posted it. Without knowing, hard to tell what, if any case they have against you.
So..please advise. --207.200.xxx.xxx |
Was threatened about bein (by Bill [TX]) Posted on: Apr 19, 2008 4:08 AM Message:
1) Did you sign a lease with this BOZO?
No?
2) Fugedabodit.
Bill --75.32.xxx.xx |
Was threatened about bein (by Sparky [PA]) Posted on: Apr 19, 2008 4:29 AM Message:
No, he made him lose the $1000. Typical no accountability mentality. Nothing is ever their fault. Blame someone else. Do you know how lucky you are not to have entered into agreement with this person to have him as a tenant? --205.188.xxx.xxx |
Was threatened about bein (by GEO. [OK]) Posted on: Apr 19, 2008 4:35 AM Message:
When he said he didn't like your lease is when you should have told him to take a walk. It's your lease, you're in charge. Tenants never get me to change anything on my leases. He's bluffing about sueing and if he does, he was offered a lease that he wouldn't sign. --98.162.xxx.xx |
Was threatened about bein (by Red [GA]) Posted on: Apr 19, 2008 4:36 AM Message:
Congrats that has to be a record for using loose to mean lose in one post.
Seriously though you should have rejected him when he so easily canceled his first contract. As others have said it was his fault not yours. --66.56.xx.xx |
Was threatened about bein (by Andrew , Canada [ON]) Posted on: Apr 19, 2008 4:52 AM Message:
Ask his "lawyer" to show you a signed copy of the lease, proof of payment for rent and proof of payment for SD.
Tell this moron if he wastes any more of your time you will be comming after him for damages. --74.12.x.xx |
Was threatened about bein (by xx [XX]) Posted on: Apr 19, 2008 5:47 AM Message:
It sounds like a scam. He canceled in front of you to put pressure on you to change the lease terms. I dont believe that he cancel anything(no one was on the other end of that call),---- now that he has the changes he is mad because he did not get in. You just missed a bullet. --68.41.xxx.xx |
Was threatened about bein (by Stew [LA]) Posted on: Apr 19, 2008 5:59 AM Message:
Quote" Next, ONLY AFTER he had been fully screened and approved paying ONLY an application fee to do that, the next step would be to sit down TOGETHER for the lease reading/signing...you don't give it to them to take with them unsigned! This can be implied approval to rent."
B.S. Get a clue. Implied?? If the OWNER didn't sign it, how can that be IMPLIED as approval to rent? Try again. Any shmuck that gets ahold of a lease can consider himself approved for renting? Not.
Quote" Congrats that has to be a record for using loose to mean lose in one post."
He used the word TWO times incorrectly. Some record.
To the OP, don't sweat it, tell him if he contacts you again, and it's NOT through his lawyer, you will press charges for harrasment. End of story.
--68.114.xxx.xx |
Was threatened about bein (by Red [GA]) Posted on: Apr 19, 2008 6:04 AM Message:
Stew,
count again. Besides I gave up a long time ago in trying to get people to stop saying loose when they mean lose. That was totally a joke and I meant to put a :) at the end of the sentence. --66.56.xx.xx |
Was threatened about bein (by tyler [NC]) Posted on: Apr 19, 2008 6:14 AM Message:
ignor him...., he has no deal till he has a lease signed by you... it was his decision to cancel his contract with another party prior to securing himself with a contract with you....
no case. --75.181.xxx.xxx |
Was threatened about bein (by ManateeAlley [FL]) Posted on: Apr 19, 2008 6:29 AM Message:
Sounds like a great new scam, especially the part about calling and cancelling in front of you. You get sick of his antics, and rent to another. He says he's lost money and will sue. You get a call or letter from an "attorney" offering to "settle".....get the picture? I'd tell him to pound sand! --71.196.xx.xxx |
Was threatened about bein (by Stew [LA]) Posted on: Apr 19, 2008 6:34 AM Message:
Stew,
count again. Besides I gave up a long time ago in trying to get people to stop saying loose when they mean lose. That was totally a joke and I meant to put a :) at the end of the sentence.
Doh! Three. LOL My bad.
A :) would have helped. 8)
--68.114.xxx.xx |
Was threatened about bein (by billy button [MA]) Posted on: Apr 19, 2008 6:50 AM Message:
wait till u hear from his atty.i expect u wont.u didnt lose much with this guy. --208.58.x.xx |
Was threatened about bein (by Wallace CPM [VA]) Posted on: Apr 19, 2008 7:35 AM Message:
Why did you give him a LEASE if you did not have a completed rental application? --205.188.xxx.xxx |
Was threatened about bein (by Junior [RI]) Posted on: Apr 19, 2008 7:40 AM Message:
Thanks for the responses everybody, and sorry I was loose with the spelling of lose....
Anyways, In response to the first response: I gave him an application and a blank copy of the lease to look at. He returned with no application and many questions about the lease. Is this really implied approval to rent?
In the future though, I will NOT give even a blank copy of the lease to look at until they have been approved to rent.
--65.118.xxx.xxx |
Was threatened about bein (by Junior [RI]) Posted on: Apr 19, 2008 7:42 AM Message:
I gave him a copy of the lease because I am new at this and I was just trying to be a nice guy. But I now know that being a nice guy can get you screwed in this business. --65.118.xxx.xxx |
Was threatened about bein (by AllyM [NJ]) Posted on: Apr 19, 2008 7:47 AM Message:
I had someone tell me that once while he was looking at my apt. I talked him out of it over the phone next day and convinced him he should not lose his deposit. There are people who panic and do dumb things. --76.99.xxx.xx |
Was threatened about bein (by Sandy [CO]) Posted on: Apr 19, 2008 8:25 AM Message:
It sounds like you really were lucky. If he was now a tenant living your place, what would he be doing? He may be refusing to pay rent, damaging the condo - holes in walls etc... Not a pretty picture.
I would highly recommend that you educate yourself on landlord/tenant laws. And also read some landlording books.
Once you're educated on how this process works, you'll be able turn away these types of problem tenants. He sounds like he was a "professional tenant" - (ie: one that seeks out inexperienced landlords to take advantage of them)
Good Luck to you. :)
--71.208.xxx.xxx |
Was threatened about bein (by Dan [MA]) Posted on: Apr 19, 2008 8:59 AM Message:
You had no agreement with him. The judge would laugh him out of the court room if he was ever stupid enough to pay a lawyer to sue you. --76.19.xx.xxx |
Was threatened about bein (by Cat [WI]) Posted on: Apr 19, 2008 10:06 AM Message:
I don't believe that he had anyone at the other end of the line, or was bluffing it, with someone set up in advance. I would have asked for the phone to tell the person that he has not even filled out an application yet. Watch how fast that he pretends the person hung up already. LOL.
He is a con man. I let prospective tenants look at my lease when they fill see the property and want an application. However the blank lease and non standard lease terms, stay in the unit for the next person to look at. Viewinig them ahead of time, gives them the option of not filling out an application, if they don't like the other paperwork terms. I don't change my lease for anybody.
I would also recommend really up on your state laws and state statutes. Tenants today can be well educated and con landlords, especially new ones, to believe things that are not true, such as that they cannot be evicted in the winter (not true) as well as other untrue things.
Good Luck. Don't worry about this bozo. He is just trying to con you. You have never had any agreement with him. For future reference, don't let anyone cancel a contract with someone else, unless you don't for sure that they are renting from you. Then it is their choice.
Cat
--207.190.xxx.xx |
Was threatened about bein (by OrEGone [OR]) Posted on: Apr 19, 2008 11:32 AM Message:
NO ONE walks away from $1000. Was your place that great for them to want it that bad? Something smells there. --24.21.xx.xx |
Was threatened about bein (by Junior [RI]) Posted on: Apr 19, 2008 11:42 AM Message:
The place he "walked away" from was much nicer than mine... there were many more amenities. It was also supposedly cheaper than mine. --65.118.xxx.xxx |
Was threatened about bein (by laundromat [WY]) Posted on: Apr 19, 2008 12:30 PM Message:
He didn't "cancel" anything. He used his cell phone to call his home answering machine and put on a show for you.
any perception of implied "approval/acceptance" of a contract fall apart when he proposed to change the blank unsigned lease (changing the lease is a "counter-offer") --72.36.xx.xxx |
Was threatened about bein (by Suzanne [TX]) Posted on: Apr 19, 2008 12:56 PM Message:
Laundromat is correct. This is not going to get to court, because the tenant is not going to pony up the fees to start a lawsuit on these absurdly shaky grounds. He didn't accept your terms. End of story. --69.151.xxx.xxx |
Was threatened about bein (by Nancy [IN]) Posted on: Apr 19, 2008 1:34 PM Message:
What is the basis for any lawsuit? He didn't sign anything or commit in any way, it appears. I'm sure you told him that the first one to 1) fill out an application, 2) be approved, and 3) SHOW YOU THE MONEY gets the unit.
He did none of the above (or did he fill out an app - it didn't seem like it).
Too bad. Your first clue, by the way, that he was trouble was his indication that he would break his word to someone else to get what you have to offer. If you've put money down, that's it. Now if the other landlord had other options from which he could easily pick and there was NO repercussion to your potential applicant AND if the unit was still available, that I would consider on a case by case basis.
This guy is bad news. The attorney cannot claim that this person "relied" on your promise to hold the unit for him because you made no such promise (and if you did, it would be with a NONrefundable holding fee and a document establishing the parameters).
You have nothing to worry about. --65.54.xxx.xx |
Was threatened about bein (by JJ [OR]) Posted on: Apr 19, 2008 8:32 PM Message:
$1000 holding fee for a place that's cheaper than yours?
And the other place was supposedly cheaper and much nicer than yours but he still cancelled?
Scamarola. Definitely a fake call. Sheesh. I wonder how many people on this Board have had an applicant make a call right in front of them to cancel some other rental. And for $1000? Oregone's right, no one walks away from $1000.
Wellll, if you're feeling confident enough after ALL these experienced landlords telling you he has NO grounds to sue you, you could play along, just to see how much he thinks he's gonna get from you. $1000? $500? I bet you could get a number out of him in just one conversation, saying "well, I mean, what would it take to work this out?"
And then laugh tell him to go pound sand. You're really in that strong of a position. --24.21.xx.xxx |
Was threatened about bein (by Wilbur [WV]) Posted on: Apr 20, 2008 4:14 AM Message:
Who continues looking at other places, once they have put $1000 down on a place? --205.188.xxx.xxx |
Was threatened about bein (by Red [GA]) Posted on: Apr 20, 2008 4:45 AM Message:
I think Manatee Alley and others may have hit the nail on the head saying this is a scam. I should have thought of that when I wrote about how easily (cavalierly/ostentatiously) canceled his previous agreement. --66.56.xx.xx |
Was threatened about bein (by Stephen [WA]) Posted on: Apr 26, 2008 2:56 PM Message:
Sometimes in retrospect you realize how lucky you were. He sounds like the tenant that you were lucky to lose.
We recently started using a screening service. We had multiple people interested in applying for a vacant unit. We handled it this way – first one in w/completed application (and screening fee) and a deposit got screened first. Told others that if they wanted to complete application and provide check for screening fee and deposit that we would process them in the order received if the applicant ahead of them failed the screening. If we didn’t actually screen them then they got the moneys back. If they failed the screening, they got the deposit back. If they passed the screening, the deposit was for holding the unit until they completed the lease (the deposit was credited to the amounts due at time of signing). If they passed the screening but then decided to not rent from us, the deposit was liquidated damages to us (I view it as an incentive to encourage the applicant to be serious).
So, we had several applications on standby, an applicant failed screening so then we called the next applicant to confirm that they were still interested, they were, so we processed the application through the screening service – they failed. Called that applicant to let them know and found out they had put a deposit down on another unit (different landlord). I guess they would have lost their deposit if we had approved them – either that or they knew they would not be approved. I’m probably lucky not to have them as tenants.
BTW, in regard to letting an applicant have a copy of the lease – I have no problem with that. In fact, when I had an applicant whose first language was not english I encouraged them to take it to someone who would help them understand it. They have been a good tenant for years.
--207.200.xxx.xxx |
Was threatened about bein (by Kenyah [GA]) Posted on: Apr 30, 2008 1:59 PM Message:
Scam gets my vote. Not even a very good one. I'm sure he will work out the kinks before he tries it again. --206.113.xxx.xxx |
Was threatened about bein (by Drew [CO]) Posted on: May 2, 2008 5:36 PM Message:
Thanks for sharing what might be a new scam coming soon to your neighborhood! --205.170.xx.xxx |
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