Checklist not returned (by P. Allen [FL]) Sep 2, 2015 10:15 AM
Checklist not returned (by BRAD 20,000 [IN]) Sep 2, 2015 10:51 AM
Checklist not returned (by Vee [OH]) Sep 2, 2015 12:22 PM
Checklist not returned (by Coplin [CA]) Sep 2, 2015 3:07 PM
Checklist not returned (by BRAD 20,000 [IN]) Sep 3, 2015 8:50 AM
Checklist not returned (by David [MI]) Sep 3, 2015 9:17 AM
Checklist not returned (by Nellie [ME]) Sep 4, 2015 1:12 PM
Checklist not returned (by P. Allen [FL]) Sep 8, 2015 10:11 AM
Checklist not returned (by P. Allen [FL]) Posted on: Sep 2, 2015 10:15 AM Message:
My tenant has not returned the “Move-In Inspection Checklist” form within the period specified. How do you handle the subsequent Notice to Tenant which advises that, since they didn't timely return the inspection checklist, it “...shall be conclusive proof that there are no further defects and that, in fact, the Tenant has accepted the Premises in good and satisfactory condition”?
Also, how do you incorporate the Inspection (and any subsequent Repairs Punch Lists) into the Lease Agreement so that these results are binding upon the parties... especially as the Tenant has NOT signed the Inspection Checklist?
Thank you in advance for your considered opinions. All are welcome. --71.99.xxx.xxx |
Checklist not returned (by BRAD 20,000 [IN]) Posted on: Sep 2, 2015 10:51 AM Message:
P.,
I teach "The written, signed move-in checklist, backed by literally 100 photos, is MORE IMPORTANT than the lease."
Residents withhold rent or complain to the judge about CONDITION, not about unpaid rent. As a good manager YOU must be able to prove condition.
Do not give someone else control of the most important document which is your only defense in court.
My lease is clear: the move in inspection is stapled in the lease and must be signed before they get the keys. I go early and check off the inspection form BEFORE they arrive.
Side note: We do NOT walk around and view the home. They have already done that and it only leads to extra work. Our homes go thru a 200 point inspection BEFORE placed on the market so there should not be anything to write on the form, just a big check mark for each room.
My lease gives them 7 days to notify us in writing if we missed anything.
If there is something to write or they want something noted, *I* am the only person who writes on the inspection form because I want the words to defend ME if this lease goes to court. Every word is chosen for the judge to read later.
Daughter20,000 is all about accuracy. When her apt manager left the form with her, she wrote something on EVERY line to defend HER position as a resident. Good girl! Bad for the manager.
The good news? All is not lost!
Me? I'd go to the house TODAY and have them sign it, AND take 100 photos. It is THAT valuable. "Joe, My boss says we have to get this paper signed. And I forgot to take your move in photos so I'll get that done for you now."
A clause about "Since you did not sign it must be OK" will not save you in court. Been there.
By the way, if there is anything wrong with the home, the res has already taken photos of it to use against you if needed.
Stay in control. Manage.
Happy Landlording!
BRAD
--68.50.xx.xxx |
Checklist not returned (by Vee [OH]) Posted on: Sep 2, 2015 12:22 PM Message:
I may have mentioned ths a few times, I have tenant 1 go around with the move-in report while tenant 2 does the lease, then they switch over, I take all the paperwork to the copy machine and bring them copies within a week, they have too many boxes and phone calls with school, relatives, car repair place, veteranarian, hair salon, food bank, you fill in the blank... --75.94.xxx.xxx |
Checklist not returned (by Coplin [CA]) Posted on: Sep 2, 2015 3:07 PM Message:
Real easy solution to your current problem. Brad 20K is spot on. Bring them a new condition list & have them sign it then and there. Also take lots and lots of pictures. I seem to take about 700 or so pics to back up an 8 page condition check list where each room, closet, hall way, yard area, house outside, garage, etc condition is identified. I seem to take almost 16 hrs to take the pics. Tenants initial each page & sign last page as to move in condition. They are given a copy not the original of the condition list and given 3 days to notify me in writing of any conditions defects not noted on the condition list. The condition list is incorporated within the lease as an enclosed addendum. Tenants initial each page and sign the last one, they get a copy of entire lease & addendums, usually about 3 or 4, which have each page initialed or signed.
So were I you I would alter your lease signing process, because if the incorporated addendums are not signed, the lease is not complete.
--104.34.xxx.xxx |
Checklist not returned (by BRAD 20,000 [IN]) Posted on: Sep 3, 2015 8:50 AM Message:
Coplin,
Thanks for the good words!
Suggestion: judges have been known to throw out addendums - I watched this happen in my court - so everything I will ever want and need is stapled into ONE packet called LEASE.
BRAD --68.50.xx.xxx |
Checklist not returned (by David [MI]) Posted on: Sep 3, 2015 9:17 AM Message:
Brad, don't you feel you are being hypocritical as you praise your daughter for controlling her checklist as tenant but you do the opposite as landlord?
--166.137.xx.xx |
Checklist not returned (by Nellie [ME]) Posted on: Sep 4, 2015 1:12 PM Message:
I don't feel Brad is being hypocritical at all. It's all about covering your derrière. We hope that our children have learned from to protect their derrières, too. --70.16.xx.xxx |
Checklist not returned (by P. Allen [FL]) Posted on: Sep 8, 2015 10:11 AM Message:
My humble thanks to all who have replied. This has been a complicated situation in that the now-current Tenant was from out-of-state. The lease was sent to them for signature and we had them notarize it as well. However and clearly we did not handle the Checklist matter very well. Brad's advice about getting the form signed NOW is good and we will try that.
Related: What language do you use to incorporate this separate document, the Move-In/Move-Out Checklist, into the lease? I'm assuming that it is noted as an "Exhibit" rather than an Addendum or Amendment but the incorporating language is important.
Thanks again to all who have taken the time and trouble to reply. --71.99.xxx.xxx |
Reply:
|
|