Retract Lease Offer
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Retract Lease Offer (by Chris J [MN]) Apr 8, 2016 5:29 PM
       Retract Lease Offer (by John [IN]) Apr 8, 2016 6:10 PM
       Retract Lease Offer (by Dan [IL]) Apr 8, 2016 6:17 PM
       Retract Lease Offer (by Chris J [MN]) Apr 8, 2016 6:33 PM
       Retract Lease Offer (by myob [GA]) Apr 8, 2016 6:47 PM
       Retract Lease Offer (by Chris J [MN]) Apr 8, 2016 7:00 PM
       Retract Lease Offer (by myob [GA]) Apr 8, 2016 7:07 PM
       Retract Lease Offer (by Chris J [MN]) Apr 8, 2016 7:15 PM
       Retract Lease Offer (by Dan [IL]) Apr 8, 2016 7:21 PM
       Retract Lease Offer (by Dan [IL]) Apr 8, 2016 7:26 PM
       Retract Lease Offer (by Chris J [MN]) Apr 8, 2016 7:29 PM
       Retract Lease Offer (by BRAD 20,000 [IN]) Apr 8, 2016 7:29 PM
       Retract Lease Offer (by Chris J [MN]) Apr 8, 2016 7:33 PM
       Retract Lease Offer (by myob [GA]) Apr 9, 2016 5:27 AM
       Retract Lease Offer (by Vee [OH]) Apr 9, 2016 7:11 AM
       Retract Lease Offer (by Chris J [MN]) Apr 9, 2016 7:28 AM
       Retract Lease Offer (by Dan [IL]) Apr 9, 2016 7:51 AM
       Retract Lease Offer (by myob [GA]) Apr 9, 2016 8:08 AM
       Retract Lease Offer (by Chris J [MN]) Apr 9, 2016 8:31 AM
       Retract Lease Offer (by Dan [IL]) Apr 9, 2016 8:45 AM
       Retract Lease Offer (by Martin [CO]) Apr 9, 2016 9:20 AM
       Retract Lease Offer (by Martin [CO]) Apr 9, 2016 9:20 AM
       Retract Lease Offer (by Dan [IL]) Apr 9, 2016 9:32 AM
       Retract Lease Offer (by Chris J [MN]) Apr 9, 2016 9:51 AM
       Retract Lease Offer (by Chris J [MN]) Apr 9, 2016 9:57 AM
       Retract Lease Offer (by Vee [OH]) Apr 9, 2016 11:06 AM
       Retract Lease Offer (by Dan [IL]) Apr 9, 2016 11:28 AM
       Retract Lease Offer (by Chris J [MN]) Apr 9, 2016 2:32 PM
       Retract Lease Offer (by BRAD 20,000 [IN]) Apr 13, 2016 11:40 PM
       Retract Lease Offer (by Chris J [MN]) Apr 13, 2016 11:45 PM


Retract Lease Offer (by Chris J [MN]) Posted on: Apr 8, 2016 5:29 PM
Message:

We listed our house for rent in February 2016 and found a tenant who signed a lease with move in date of May 1, 2016. Several weeks later we had to revise the lease with a move in date of July 1st due to construction. It worked better for the tenant as well since they had a lease at their current house until July 1, 2016. They agreed (via email) to the new date of July 1st, however, they have not signed the new lease nor have they paid the deposit. They have told us several times they will drop off the signed lease and deposit, but have failed to do so. We would like to retract the lease offer. Can we do this considering they have not signed the revised lease or paid the deposit? Thank you in advance for your response.

State Specific Question About: MINNESOTA (MN)

--68.46.xxx.xx




Retract Lease Offer (by John [IN]) Posted on: Apr 8, 2016 6:10 PM
Message:

As long as they did not sign the lease and paid the fees there is no agreement so you just rent to the next qualified applicant. --67.236.xxx.xx




Retract Lease Offer (by Dan [IL]) Posted on: Apr 8, 2016 6:17 PM
Message:

To answer, there are a number of issues that need to be addressed: Was there any money consideration of any kind given to you by the applicants? Was there a signing deadline made by you or is there a MN statutory deadline? If so, how long has it been since the July 1st move-in date revision was made? Was the lease signed by you first before both copies were given to the applicants? --66.87.xx.xxx




Retract Lease Offer (by Chris J [MN]) Posted on: Apr 8, 2016 6:33 PM
Message:

Thanks for the responses. It's been over a month since the revised leased was given to them. We gave them the revised lease with our signatures. We did not give a deadline to return, however, they said on multiple occasions that they would drop off the lease and deposit and yet they never do. As it is right now we have no confidence that they are able to afford the lease. For all I know we could get to July and they decide to go forward and claim they are not obligated since they did not sign or give payment. --173.25.xxx.xx




Retract Lease Offer (by myob [GA]) Posted on: Apr 8, 2016 6:47 PM
Message:

YOU GAVE THEM A SIGNED LEASE?????? Never ever give a signed lease. They sign THEN you.

They can sign it the day you move someone else in and say here's our contract this is our house -- its signed by all of us.

What were you thinking?

They need a letter immediately that if funds are not tendered by Monday the agreement is void due to non performance of money due.

Hope they aren't to smart because they have a lease and you have tenants. --74.184.xxx.xx




Retract Lease Offer (by Chris J [MN]) Posted on: Apr 8, 2016 7:00 PM
Message:

I sent a certified letter as advised by our attorney that the offer to lease is retracted due to failure to perform. --173.25.xxx.xx




Retract Lease Offer (by myob [GA]) Posted on: Apr 8, 2016 7:07 PM
Message:

and if they sign the lease and send it back with your signature then what?

hope they're honest. --74.184.xxx.xx




Retract Lease Offer (by Chris J [MN]) Posted on: Apr 8, 2016 7:15 PM
Message:

Attorney says we've given plenty of time for them to deliver. They don't follow through when they said they would deliver. We have right to withdraw the offer. Since we've retracted the lease prior to receipt of signed lease we are good. But clearly we would do things differently if had to do again. Thanks for your feedback. --173.25.xxx.xx




Retract Lease Offer (by Dan [IL]) Posted on: Apr 8, 2016 7:21 PM
Message:

Chris J's [MN] last response pretty much answered all of my concerns. If you addressed this with your attorney, and his advice was the certified letter, then I'm satisfied that this action resolves the issue. My motto: No consideration, no contract. That's universal contract law ...anywhere! In concurrence with myob's [GA] advice: Never, never EVER give out any lease copies with your signatures on it! The danger is that they can make revisions to it in such manner that is to your advantage, place your initials to those revisions, keep a copy and send the other one back to you. Of course, there's always the trusty lawsuit, but guess which side the judge will generally rule in favor of? Remember, always stay in control! -Danno --66.87.xx.xxx




Retract Lease Offer (by Dan [IL]) Posted on: Apr 8, 2016 7:26 PM
Message:

Correction: ... The danger is that they can make revisions to it in such manner that is to THEIR advantage, ....

I type so fast, I gotta learn to re-read the script before I press "Send" [lol]. --66.87.xx.xxx




Retract Lease Offer (by Chris J [MN]) Posted on: Apr 8, 2016 7:29 PM
Message:

Thanks guys for the responses and advice. Good points that I'll not forget for future dealings. I'll let you know how this goes. Again I really appreciate you all taking the time to respond.

One thing I think I did right was put security locks on the lease PDF so they cannot edit change or alter the document. But again...I've learned a lot from this. Thanks again. --173.25.xxx.xx




Retract Lease Offer (by BRAD 20,000 [IN]) Posted on: Apr 8, 2016 7:29 PM
Message:

Or they could give it to a stranger who signs it and you're sunk.

Chris,

I think (KNOW) these folks were playing you. They were either broke and afraid to admit it, or something happened during this odd time period such as a job loss, or their current LL said he would not release them from their lease, or they were keeping you dangling so they could shop around knowing they had your home as a back up.

The whole thing sounds fishy. Why would they sign in Feb or even May when their lease is up in July?

Also strange at your end to list in Feb when you know the house is not ready. Did something go wrong with the contractor?

Not hammering you, just trying to get a picture of the situation.

Hang in there! Get this house DONE, and market like a crazy person to bring in TONS of applications.

BRAD --73.146.xxx.xxx




Retract Lease Offer (by Chris J [MN]) Posted on: Apr 8, 2016 7:33 PM
Message:

Construction was delayed due to road restrictions. So it pushed everything back. Kind of frustrating on multiple levels. Thanks for the encouragement. And I think you may have a point about them playing games. Interesting. --173.25.xxx.xx




Retract Lease Offer (by myob [GA]) Posted on: Apr 9, 2016 5:27 AM
Message:

Chris MN you see we are all pulling for a good outcome on this for you.

There's something going on and best advice is prepare yourself.

Keep contact with your utility company to be sure no one attempts or does place any services in their name from their lease with you.

Good luck.

--74.184.xxx.xx




Retract Lease Offer (by Vee [OH]) Posted on: Apr 9, 2016 7:11 AM
Message:

If a renter was honest and paid on time, there would be 3 county departments closed down and prolly a minimum of 30 people out of work, as a judge told the tenant and me 12 years ago in one of my first eviction hearings - ma'm if mr vee continued to trust you this courtroom would still be the police station and they never would have built a new library. --76.188.xxx.xxx




Retract Lease Offer (by Chris J [MN]) Posted on: Apr 9, 2016 7:28 AM
Message:

I hear you...and really appreciate your support and encouragement. I agree. I think they are playing games. I will keep guard over the utilities. Great advice. Thanks again. Very good insight. Thanks for taking time to comment. They should get the certified letter today or Monday. Will keep you all posted. Stay tuned. --173.25.xxx.xx




Retract Lease Offer (by Dan [IL]) Posted on: Apr 9, 2016 7:51 AM
Message:

I'll never forget the advice one experienced landlord told me: " When it comes to landlording, remember that no good deed goes unpunished." That to me meant to get all tenant commitments in writing, make sure they follow and adhere to all of the lease terms, rules and regulations (and strengthen/add/modify them over time so in order to protect you and your investments), and keep out of any interpersonal disputes unless there is damage being done to the property. Remember, this isn't personal, it's a business! --66.87.xx.xxx




Retract Lease Offer (by myob [GA]) Posted on: Apr 9, 2016 8:08 AM
Message:

Dan from IL. I'm cutting this out and putting on everyone's desk here. --74.184.xxx.xx




Retract Lease Offer (by Chris J [MN]) Posted on: Apr 9, 2016 8:31 AM
Message:

Great quote Dan. That is a good rule to follow. Thanks again for sharing. --173.25.xxx.xx




Retract Lease Offer (by Dan [IL]) Posted on: Apr 9, 2016 8:45 AM
Message:

Myob [GA] -You are most graciously welcome! I am more than willing to share my experiences here.

Although in this business all of my life, I just started on this forum a couple of days ago (already, my participation count is close to 50!). This is a great forum, and I have picked up some excellent ideas to incorporate into my program. --66.87.xx.xxx




Retract Lease Offer (by Martin [CO]) Posted on: Apr 9, 2016 9:20 AM
Message:

Chris J [MN]. Here's the problem that I see. You still have a contract that was signed by both parties that begins on May 1. The fact that they didn't sign the new contract does NOT void the old contract. Hopefully, your lease spells out the consequences in case the property is not habitable on the lease date.

Have you talked to your attorney about the original lease? Unless both parties agree in writing that the original lease is void, I would think that it is still in force, and they can enact any issues or penalties on their side for your failure to provide the housing that the lease states. --174.29.xx.xxx




Retract Lease Offer (by Martin [CO]) Posted on: Apr 9, 2016 9:20 AM
Message:

Chris J [MN]. Here's the problem that I see. You still have a contract that was signed by both parties that begins on May 1. The fact that they didn't sign the new contract does NOT void the old contract. Hopefully, your lease spells out the consequences in case the property is not habitable on the lease date.

Have you talked to your attorney about the original lease? Unless both parties agree in writing that the original lease is void, I would think that it is still in force, and they can enact any issues or penalties on their side for your failure to provide the housing that the lease states. --174.29.xx.xxx




Retract Lease Offer (by Dan [IL]) Posted on: Apr 9, 2016 9:32 AM
Message:

Martin [CO] - point well taken, but your argument is moot. There wasn't any kind of deposit money tendered, as required under the original lease terms. The money, as consideration, would have bound all signatories to the agreement. No consideration, no contract. That's universal contract law. In addition, the certified letter of retraction basically formally canceled the deal. This isn't unusual. Broken deals occur every day! --66.87.xx.xxx




Retract Lease Offer (by Chris J [MN]) Posted on: Apr 9, 2016 9:51 AM
Message:

I have written confirmation via email of their agreement to void the May 1st move in date. They agreed to the July 1st move in but again have not signed the lease or made payment. I'm thinking they are not be able to afford the lease and are stalling. Every time they said they would drop off the signed lease and deposit they didnt. If they really wanted the house and could afford it they would have delivered as they said they would. Right? --173.25.xxx.xx




Retract Lease Offer (by Chris J [MN]) Posted on: Apr 9, 2016 9:57 AM
Message:

Btw, I did talk with my attorney about the May 1st lease and he said it was voided when they agreed to change the terms of the lease. And because it's been over a month and they have not performed on the revised lease by either signatures and deposit, we can retract without cause. We are not expected to leave an offer on the table indefinitely. --173.25.xxx.xx




Retract Lease Offer (by Vee [OH]) Posted on: Apr 9, 2016 11:06 AM
Message:

Chris, I hope you can find a landlord group to visit before you risk opening for business when you need to hire an atty for answering some of these basic questions. Never give out any keys or paperwork until the certified funds are in the holster - a holding fee equal to one month rent value may have helped you and hopefully within your state/local tenant laws you can find the verbiage to write a legal one, the landlord starter package here used to come with most of your forms, find a a couple groups in your area before you just settled on the one you get to first. Knowledge is power and many tenants have or hire more power than you think. --76.188.xxx.xxx




Retract Lease Offer (by Dan [IL]) Posted on: Apr 9, 2016 11:28 AM
Message:

I strongly agree with Vee [OH] here. I belong to two local investor groups. I attend a lunch every week with landlords. The primary reasons for these are:

- Local laws: They consistently change,and to survive we all need to be aware and keep abreast of them.

- Our Opposition: We need to keep track of tenants' rights groups, and stay abreast of their legal shenanigans. Eight years ago, I filed an eviction action against a tenant. After the sheriff put them out and I was cleaning out the apartment, I came across their copy of the initial eviction summons. I was horrified to see an additional page attached (of which I was never given a copy of) that listed no less than 50 organizations the tenants were urged to contact for free legal representation or advice. How are they funded? Via foundation grants, tax dollars, small fees from the tenants themselves ... but mostly from legal fees taken from landlords handed down by the courts.

Bottom line: Preservation of capital is just as important as building capital!

- Danno

--66.87.xx.xxx




Retract Lease Offer (by Chris J [MN]) Posted on: Apr 9, 2016 2:32 PM
Message:

Wow. Great info. I didn't know these groups existed. I'll look into this right away. Its pretty sad how bad things have gotten over the years. The attitude of entitlement is frustrating. Thanks again guys for all the insight and support. This is a great source. Glad I found it. --68.46.xxx.xx




Retract Lease Offer (by BRAD 20,000 [IN]) Posted on: Apr 13, 2016 11:40 PM
Message:

Chris,

"Road restrictions"?

I don't know the full story, but don't accept excuses from contractors.

Tough to imagine a painter or handyman could not get thru a construction zone to reach your property. How did YOU get to the property?

BRAD --73.146.xxx.xxx




Retract Lease Offer (by Chris J [MN]) Posted on: Apr 13, 2016 11:45 PM
Message:

Early Spring...thawed...city put weight restrictions on roads...nothing over 4 tons allowed. It's quite common on lakeshore property. The city posted the restriction on their website. Good news is restriction/ban will be lifted on Friday! Finally!!! --68.46.xxx.xx





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