Very good information, Ernie. I was encountered an applicant who was ready to move in now. He had his move-in money and all his belongings on a U-haul truck. Since I usually dreaded the whole process of advertising a vacant house, then showing the place, reviewing applications, etc. encountering someone eager to move in immediately just made my job easier. It was very appealing, so of course I signed him up with a lease. Big mistake. I later learned he had just been evicted from another place. His tenancy with me did not go well.. I ended up evicting him within six months. NEVER rent to someone who wants to move in fast unless you first thoroughly vet his or her application and try to determine exactly why he's in a hurry to move in.
That's an option, but it requires extensive travel and coordination in some cases. For me, I prefer to speak with the landlord before the current landlord. That person is the likeliest to spill all the beans.
Your question is confusing. Are you referring to the original lease? If your leasing relationship was done properly, both the tenant and landlord should have a written lease that are identical.No landlord is going to claim in court that the original lease and lease renewal are the same thing. Sorry, but you need to explain the issue better. Another thing: Good landlords don't lie, but they sometimes get confused and are forgetful. I'm a landlord and not perfect. Good landlords genuinely want to provide good housing in exchange for rent. If you have a landlord whom you believe lies and tries to cheat you, I suggest you find a different landlord. Like any profession, there are good and bad.
Yes I had a lease renewal that was used in court as an original lease. With the wrong date I entered into the lease and most certainly the wrong property manager I entered the lease with.
@@Shawn-c3n3lThat may not have had any significant bearing on the case. The renewal can be used to establish the current parties, the rent property, and the current amount owed for rent.
If i want to issue notices of default by certified mail (or notice of termination) and say please cure the default within 3 days. How do I write the letter not knowing when the letter will be delivered? Since the time to cure starts from receiving the letter. Thank you !
I assume you are asking about the Notice of Default vs. the Notice to Vacate. If so, the right to cure the deafult is generally found in the Lease. If your lease offers an opportunity to cure within a certain number of days or upon written notice, then you must provide that reasonable opportunity within the guidelines of the Lease.
I have a tenant who is breaking their lease early. However, a replacement has been found to take over their obligation. Does the tenant who broke the lease get their deposit back? There is nothing in the lease regarding a lease cancellation fee.
@belindawilliams7133 In Texas, the landlord is obligated to mitigate their damages when a tenant leaves early, which requires the landlord to find a replacement tenant ASAP. The outgoing tenant owes for any damage caused, for any rent lost between tenants, for reletting fees (like a broker fee to a realtor who finds a new tenant), and any remaining fees owed under the lease. If the total of all if these exceeds the deposit, the landlord may withhold the entire deposit and demand the remaining balance owed. However, if these fees are less than the deposit, the landlord should refund the difference to the outgoing tenant.
@Shawn-c3n3l Corporations always need authorized agents to sign on their behaves, so, yes, a property manager can be authorized to sign on behalf of a corporation. I'm not sure what a bill of ledger is.
@ I’m sorry it was a bill of particulars. And I’m in the state of VA and from my understanding it’s not legal for a corporation or otherwise to sign because they are an entity and not a person who can show or do action.
@roberthall6161 The tenant's security deposit should not be affected by a change in ownership. However, it is common for a new owner to fail to recover a deposit from the prior owner and then use this as an excuse not to return the deposit. This is not legal.
Very good information, Ernie. I was encountered an applicant who was ready to move in now. He had his move-in money and all his belongings on a U-haul truck. Since I usually dreaded the whole process of advertising a vacant house, then showing the place, reviewing applications, etc. encountering someone eager to move in immediately just made my job easier. It was very appealing, so of course I signed him up with a lease. Big mistake. I later learned he had just been evicted from another place. His tenancy with me did not go well.. I ended up evicting him within six months. NEVER rent to someone who wants to move in fast unless you first thoroughly vet his or her application and try to determine exactly why he's in a hurry to move in.
@davidlindgren7605 Thanks so much for sharing your first-hand experience. I appreciate it.
Is there a follow up video "how the smartest tenants handle landlord lies"
@mikedavison4313 I'll put it on the suggestion list. However, I am currently the Landlord Attorney, not the Tenant Attorney.
Can you please make video how properly to check tenants before the coming to the property. ❤🎉😂😂
@@irinabenskaya5499 Here's a video I've made on the topic: ruclips.net/video/IUKL_rNWsn8/видео.htmlsi=lMidD5a6mtXUPHUi
Don't you think the new landlord should go and check out the place were the tenant are moving from. To see how well they are keeping the place up.
That's an option, but it requires extensive travel and coordination in some cases. For me, I prefer to speak with the landlord before the current landlord. That person is the likeliest to spill all the beans.
What if a landlord lies about a lease? What if it’s not the real lease and just a lease renewal but swore in court it’s a real lease?
@@Shawn-c3n3l Generally, a lease renewal is like an amendment to the original lease. All of it together comprises the lease.
Your question is confusing. Are you referring to the original lease? If your leasing relationship was done properly, both the tenant and landlord should have a written lease that are identical.No landlord is going to claim in court that the original lease and lease renewal are the same thing. Sorry, but you need to explain the issue better. Another thing: Good landlords don't lie, but they sometimes get confused and are forgetful. I'm a landlord and not perfect. Good landlords genuinely want to provide good housing in exchange for rent. If you have a landlord whom you believe lies and tries to cheat you, I suggest you find a different landlord. Like any profession, there are good and bad.
Yes I had a lease renewal that was used in court as an original lease. With the wrong date I entered into the lease and most certainly the wrong property manager I entered the lease with.
@@davidlindgren7605Thanks for contributing to the discussion.
@@Shawn-c3n3lThat may not have had any significant bearing on the case. The renewal can be used to establish the current parties, the rent property, and the current amount owed for rent.
If i want to issue notices of default by certified mail (or notice of termination) and say please cure the default within 3 days. How do I write the letter not knowing when the letter will be delivered? Since the time to cure starts from receiving the letter. Thank you !
I assume you are asking about the Notice of Default vs. the Notice to Vacate. If so, the right to cure the deafult is generally found in the Lease. If your lease offers an opportunity to cure within a certain number of days or upon written notice, then you must provide that reasonable opportunity within the guidelines of the Lease.
Ernie how do I verify proof of income for a retired vet receiving disability from the government? The applicant says they don't have a paystub.
Bank statements.
I have a tenant who is breaking their lease early. However, a replacement has been found to take over their obligation. Does the tenant who broke the lease get their deposit back? There is nothing in the lease regarding a lease cancellation fee.
@belindawilliams7133 In Texas, the landlord is obligated to mitigate their damages when a tenant leaves early, which requires the landlord to find a replacement tenant ASAP. The outgoing tenant owes for any damage caused, for any rent lost between tenants, for reletting fees (like a broker fee to a realtor who finds a new tenant), and any remaining fees owed under the lease. If the total of all if these exceeds the deposit, the landlord may withhold the entire deposit and demand the remaining balance owed. However, if these fees are less than the deposit, the landlord should refund the difference to the outgoing tenant.
Can a property manager sign as a corporation or a another entity instead of the property manager? On a bill of ledger?
@Shawn-c3n3l Corporations always need authorized agents to sign on their behaves, so, yes, a property manager can be authorized to sign on behalf of a corporation. I'm not sure what a bill of ledger is.
@ I’m sorry it was a bill of particulars. And I’m in the state of VA and from my understanding it’s not legal for a corporation or otherwise to sign because they are an entity and not a person who can show or do action.
Put in lease what happens to Security Deposits when there is a change of ownership.
@roberthall6161 The change of ownership should have no effect on the security deposit.
@LandlordAttorney Why would a person lose security deposits at change of ownership?
@@roberthall6161 he would not
@roberthall6161 The tenant's security deposit should not be affected by a change in ownership. However, it is common for a new owner to fail to recover a deposit from the prior owner and then use this as an excuse not to return the deposit. This is not legal.
Personal expert opinion.