New tenant coming in. Driving long-distance from Massachusetts, arriving sometime this afternoon, evening.

Have had security deposit and signed lease for quite a while. Weeks. Clearly told him first month's rent was due before getting keys/possession.

Yesterday nothing. Text him/email him: where is rent? He responds last night that he scheduled it with his bank on the 27th and it will take three business days to hit my account. Which really means next week sometime, since there is a weekend and a holiday in-between.

No keys. Poor planning on his part does not create an emergency on your part.

No keys until rent is paid. Don’t wait to inform him.

I agree with you all. And he still has not answered my questions about when he intends to arrive here. It's freezing outside - literally, which is not typical here - and I'm not meeting someone I don't know after dark in the winter.

He's traveling with wife and 6 year old daughter. He's looking at a 12 hour drive minimum, without weather. Plus he's driving a moving truck, I'm assuming, so slower. Does he plan to start moving in at midnight? Nope.

Johnny I did, and I ran a regular background and credit check and found nothing on him. He is actually moving here to replace my departing tenant at her job! She is moving back to Massachusetts. And no, they don't know each other but they learned OF each other due to the job. Luxury boat-building. Entirely coincidence that he is getting her place.

Working with him long-distance was fine until now.

The thing is, I actually believe him when he says he has scheduled it. But I don't have it in my hand, and the message from his bank that he forwarded me does not indicate to where or how it is being sent.

Poor planning on his part, all the more reason for you to not give him the keys.

I'm not a big fan of people moving in to my units from far away. There always seems to be extra complications and some goofiness. Tougher to screen in my opinion too.

I prefer local or from a few towns away, whatever.

Correction....

NFW.

NFW.

NFW.

N Freakin W.

N Freakin W.

N Freakin W.

N Freakin W.

I would go silent. Ignore him until you get paid. You've heard the old saying, "Money talks." Well...no money...no talking.

Btw, I hope what you collected was a non-refundable holding FEE, not one of the wonky non-refundable deposits we have all cautioned about on the board a bazillion times. I could see this being a smoke screen.

If you really insist on talking to him...tell him to have his banker call you and verify that he actually scheduled the transfer. I still wouldn't hand him any keys until the money hits my account, but at least you'll know if he's lying. If he is lying, I would revoke his approval, keep the holding fee due to false statements (part of my holding fee agreement specifies I can re-verify any/all references up until and including the minute I hand over keys), and find another tenant.

That should say "What NE said". Sounds like he wants a really cheap place to stay in warmer climate for the winter and the security deposit is all you will get.

Not a holding fee, SID. A full-fledged Security Deposit is in my trust account. A signed lease is in my file. First month's rent is due prior to getting the keys.

WMH, I think a signed lease and a security deposit might put you in a sticky situation if it came right down to it.

If I don't get the full rent and security at lease signing, (or discounted rent, $99 special, whatever) I call it a holding fee. I'll take a 50% holding fee to hold the unit for up to 2 weeks.

How did you get into this situation with this guy? Or better yet. How did this guy get you into this situation?

WMH, while a signed lease is a bit problematic, they have no key = they have not taken possession = The person who signed the lease and gave you partial payment IS NOT A TENANT.

If everything looks good and you've already received the SD I would have him give me a personal check to hold until the bank transfer is complete. If it isn't in your account by Tuesday I would deposit the check.

IN NC the courts are tougher on bad checks than they are on back rent especially if the check is over $500. Back rent is civil bad checks are criminal.

I just read the more info you published.

YOU have a tenant. There is a signed contract. any judge i know would say it's your fault if you didn't get the money. You took a deposit and signed the contract. got to ask does tenant have his signed copy?

My take is to tread lightly. what do you do if tenant forces door and moves in?

I hope it works out and that this was just an inconsequential bump in the road with this tenant.

This kind of issue is one reason that I'm uneasy about taking anyone who doesn't live in this area already.

W,

Good call.

We will give keys with a signed lease, deposit, and a written payment plan for the upcoming rent. We do this because few people have money.

I think this guy had enough right actions to satisfy me - approved, signed, paid deposit, driving in...I'm not sensing "flake".

Other than possibly paying for the last few days of Dec the Jan rent's not due until Tuesday.

Should be simple enough to show the draw on his phone.

As I think about this, we have a new dynamic on money handling. If we want autopayments we have to learn how to deal with the bank's timing.

We're in the people biz, not the house biz. I suspect YOUR people are a bit above average to be living there.

We let them move in, and apparently Wife is not happy with the place. Another reason sight unseen is not good - but given that the people moving out knew the people moving in through work conversations if nothing else, I felt better about doing it this time. Departing tenants were always happy with the place, the place is clean and in good condition.

Even my cleaning lady, who had never been inside until the other day, commented that it was a nice place. She used the word, "impressed." But it's not a beach mansion, it's a local-housing townhouse.

I have at times gone against my usual protocol of all monies up front, however, last year I had a college professor apply for one of my rentals across the country. I got holding fee and all was well.

When she was on her way she informed me that the university would withhold her first 2 weeks pay...I can't exactly remember the details.

She asked if it would be ok to wait, otherwise she could contact her parents in the Netherlands for the funds.

I trusted her and she came through...has been a great tenant. Sometimes there is a last minute glitch and it works out.

Well guess what?

They hate the house, cancelled the rent payment (of course) and went to a hotel. They want their Security Deposit back. Their boss is going to help them try to find another place.

One of their complaints was that the floor of the utility closet which contains the water heater and HVAC is dusty.

And they don't like the texture on the walls (kind of a knockdown.)

I asked him, "Why did you not talk to the departing tenants?" who worked for the same company he is coming to join. He said, "That was my fault." You think?

Why do I feel like I was set-up?

WMH. You were set up. That's why they didn't give you the money. Next time don't give them the keys.

No I am not "keeping their deposit." When I don't receive rent on Tuesday, I will file for an eviction and receive possession and a judgement for rent past due, and apply their deposit to that. ;)

WMH, you're in the process of getting burned. They already left and told you they left. Why jump through the hoops of an eviction?

Yes, it does sound like a set up. You were "Plan B" if the company couldn't find them another place?

NE, in reading NC laws more closely (again) I find I don't have to file for eviction as there is nothing in the house to evict. NC laws regarding summary ejectment are for dealing with getting someone and especially their possessions out of the house, and I don't have to do that, so good.

As far as rent/voiding the lease goes, I can "enter and re-take" the property 10 days after demand for rent, which was done on the 27th, so on the 7th I can re-rent it again. I know I know - they are not coming back.

But my nightmare is that they DON'T find a place (there is literally NOTHING out there right now, nothing!) and decide to pay rent and demand the keys!

One reasonable place at $1450, but it's a winter rental only. One expensive place at $2600, but it's way far from his work place. And one bottom-floor apartment with no pictures...