bait and switch (by kkezir [KS]) Nov 29, 2018 11:29 AM
bait and switch (by Laura [MD]) Nov 29, 2018 12:07 PM
bait and switch (by Laura [MD]) Nov 29, 2018 12:09 PM
bait and switch (by Sisco [MO]) Nov 29, 2018 12:37 PM
bait and switch (by Moshe [CA]) Nov 29, 2018 12:59 PM
bait and switch (by kkezir [KS]) Nov 29, 2018 1:53 PM
bait and switch (by WMH [NC]) Nov 29, 2018 1:54 PM
bait and switch (by kkezir [KS]) Nov 29, 2018 2:11 PM
bait and switch (by Moshe [CA]) Nov 29, 2018 2:13 PM
bait and switch (by S i d [MO]) Nov 29, 2018 4:15 PM
bait and switch (by plenty [MO]) Nov 29, 2018 5:58 PM
bait and switch (by Ken [NY]) Nov 29, 2018 7:16 PM
bait and switch (by kkezir [KS]) Nov 30, 2018 5:13 AM
bait and switch (by Vee [OH]) Nov 30, 2018 5:29 AM
bait and switch (by LindaJ [NY]) Nov 30, 2018 5:58 AM
bait and switch (by Oregon Woodsmoke [ID]) Nov 30, 2018 12:51 PM
bait and switch (by don [PA]) Nov 30, 2018 4:07 PM
bait and switch (by BRAD 20,000 [IN]) Nov 30, 2018 8:37 PM
bait and switch (by kkezir [KS]) Posted on: Nov 29, 2018 11:29 AM Message:
Screened tenants and they qualified for a rental.
Husband and wife each qualify on their own based on income.
Rental agreement list both of them a residents.
Husband was gone at move in and rental agreement signing. He is a long haul truck driver. I said no problem I will get him to sign it when he gets back in town.
Now wife calls me and says they are separating/divorcing and she needs the locks changed.
My question is... since the husband never signed the rental agreement is he really on the rental agreement? Can I legally change the locks since he never signed the rental agreement.
Yes I feel like this was a bait and switch. They both qualified individually. During the screening process I did meet and talk to the husband. --165.201.xxx.xxx |
bait and switch (by Laura [MD]) Posted on: Nov 29, 2018 12:07 PM Message:
You don't have a lease with him, only her. Rid up (actually save all paperwork) old lease, and do a new lease with only her.
This is why I am ALWAYS the last one to sign the lease. Thangs change/come to light during the application/lease signing process.
If you have not signed a lease, they just have a piece of paper with thier name on it. Also only once original lease, all other get copies. --108.51.xxx.xxx |
bait and switch (by Laura [MD]) Posted on: Nov 29, 2018 12:09 PM Message:
My excuse for the miss spellings is I have started drinking early today. --108.51.xxx.xxx |
bait and switch (by Sisco [MO]) Posted on: Nov 29, 2018 12:37 PM Message:
She has withheld the truth of the matter to you. I would withdraw the lease offer. --72.172.xxx.xx |
bait and switch (by Moshe [CA]) Posted on: Nov 29, 2018 12:59 PM Message:
What does their application say? That they planned to move in together? That they are both applicants? Did they both sign the application? Did you take a deposit with the application?
Of course you are in line for advise: Never countersign a lease without ALL signatures. Get a lease signed within a day or two of receiving application. Require that BOTH sign simultaneously.
Check with a competent attorney as to whether execution of an agreement between two parties of the first part and one party of the second part, but signed by only one of the two parties of the first part, but countersigned by the second party, is complete or not.
Good luck and stop the drinking. You need to have your wits about you.
--47.139.xx.xxx |
bait and switch (by kkezir [KS]) Posted on: Nov 29, 2018 1:53 PM Message:
Sisco- they have already moved.
Moshe-Signed applications were filled out by both. Both were screened. With applications I took holding money. At move in I received other remaining deposit (so I have a full deposit) and 1st months rent. Dec 1st will be 2nd months rent. I followed your advice and contacted our attorney. Attorney said since he was listed as a resident and moved in then I needed a letter from him stating that he is no longer a resident or wait for a divorce decree and then I can change the locks. I agree with you, I need to keep my wits about me.. and I don't really drink, that was Laura[MD].
My lesson for the future is no one moves in until all parties sign the lease. Just like no one moves in unless I have all money owed (learned that lesson long long ago). --165.201.xxx.xxx |
bait and switch (by WMH [NC]) Posted on: Nov 29, 2018 1:54 PM Message:
You don't know for sure they lied. She makes enough on her own. He did not sign the lease (but does he have a signed copy from you?? Hope not.)
You and she can mutually agree to remove him - cross his name out and both initial and done. --50.82.xxx.xx |
bait and switch (by kkezir [KS]) Posted on: Nov 29, 2018 2:11 PM Message:
WMH-there are 2 copies. The wife has one and I have one where I have signed and the wife signed. --165.201.xxx.xxx |
bait and switch (by Moshe [CA]) Posted on: Nov 29, 2018 2:13 PM Message:
I tend to agree with your attorney, Kezir: that they applied as a couple, you accepted their application, "they" subsequently both moved in (even if only she moved his stuff in). I think that they are both tenants, regardless of signatures.
I had a sort of similar experience about a month ago. Signing a lease with a couple, one watched the baby at home while the other came to sign the lease, then switched off the next day for the wife to sign. In the chaos, H signed ONE copy of lease when it was his turn. When W came next day, I pointed out that my wife has my permission to sign my name, doesn't she? So, W signed husbands name writing "H name BY W name". As you, I have signed application indicating that they applied to rent TOGETHER, I accepted application, He signed at least one copy of lease, wife says that she has permission to sign for him. I don't think that I would have any problem to convince a judge that they both agreed to the lease.
--47.139.xx.xxx |
bait and switch (by S i d [MO]) Posted on: Nov 29, 2018 4:15 PM Message:
Call your attorney to get the "real" answer. We're just spit wadding our ideas here.
Btw, are you sure it is necessary for you to sign the lease? I don't sign mine. A bank has never signed any of my mortgages.... *shrugs --173.20.xxx.xxx |
bait and switch (by plenty [MO]) Posted on: Nov 29, 2018 5:58 PM Message:
Who gave him a key ? If he wasnt there to sign the lease how did he even get a key? --99.203.xx.xxx |
bait and switch (by Ken [NY]) Posted on: Nov 29, 2018 7:16 PM Message:
I believe him to be a tenant as that was the stated intention,i would not change the locks and I would not release him from the lease.If I ever had to evict I would put both names on the docs and in my state part of the eviction includes the money for the judgment and I would garnish his paycheck if that was the easier one --72.231.xxx.xxx |
bait and switch (by kkezir [KS]) Posted on: Nov 30, 2018 5:13 AM Message:
Plenty- no key. Keyless locks. I input the code they wanted. Wife wants code changed so I assume she gave him the code. --165.201.xxx.xxx |
bait and switch (by Vee [OH]) Posted on: Nov 30, 2018 5:29 AM Message:
This smells like a rat - she will give the code out, all or none... --76.188.xxx.xx |
bait and switch (by LindaJ [NY]) Posted on: Nov 30, 2018 5:58 AM Message:
Maybe bait and switch.. maybe the wife had no idea and it was his plan. The wife wants to stay, she qualifies, she signed lease. I would just deal with her. She would be my tenant. Now for whatever security reason, she wants the code change it, I would change it, really isn't that much effort. At this point, all she is asking for is a code change.
Since he didn't sign the lease, and he doesn't have an original, I wouldn't consider him part of the lease. I would probably just cross out his name and you and tenant initial. Maybe create another lease with just her name.
If you had a lease written and person never showed to sign, would you consider it a valid lease. No. You find someone else --108.4.xxx.xx |
bait and switch (by Oregon Woodsmoke [ID]) Posted on: Nov 30, 2018 12:51 PM Message:
Contact him. Tell him you know he won't be living there but the two of you need to get together and sign a document releasing him from responsibility and verifying that he is not a resident or lessee. --174.216.x.x |
bait and switch (by don [PA]) Posted on: Nov 30, 2018 4:07 PM Message:
Why is this your issue? If a tenant needs to change the locks for some reason, they do it at their own expense and must promptly provide landlord a copy of the new key. Don't get involved in drama that you don't have to! --70.90.xx.xxx |
bait and switch (by BRAD 20,000 [IN]) Posted on: Nov 30, 2018 8:37 PM Message:
kkezir,
Yeah, you were scammed. Welcome to the club! We've all been taken like this.
I cannot begin to count the number of times we've signed, the guy moves HER stuff in with the kids, then disappears.
THIS is a great example of my earlier reply why not signing the lease until everything is good. Much easier if you had discovered this before she occupied.
Lesson learned - Real Life University tuition paid - no keys till the paperwork is DONE.
I would press for him to sign (email or fax it to him) and text a photo of it back to you with his signature. If you gave the code to both of them I'd say you have a good case. (laws are usually based on the keys so keyless tech has not been added to laws). Put the pressure on her to get him to sign or you will evict her. Set a firm 48 hour deadline.
Changing locks: what does your lease say? This is everyday LLing and should be in EVERY lease.
My lease is clear: with a written request from the resident Management will change the locks for $5 per lock.
(picture the 6 o'clock news saying she asked but her slumlord was too cheap to change the locks before this woman was murdered by her ex.)
Good luck!
BRAD
--73.102.xxx.xxx |
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