Is it unusual to not sign a lease until the move-in date?
Yes.Until you sign the lease, the property is not committed to your occupation.If you wait until move in day, then you may show up to find someone else has moved in, and you are sitting there with a U-Hail and a car full of your stuff, with nowhere to put it, and nowhere to sleep that night.I understand that you want to keep your options open until the last minute.But you need to realize that if you are going to wait until the last second, and then potentially bail out on signing a lease with me because you’ve “found a better deal” somewhere else, then I’m going to, similarly, take a sure thing over your “maybe”.I want to keep my rental unit occupied… and that’s in direct conflict with you wanting to wait until the last minute.I may in fact actually take a period of no occupancy, over you (maybe) occupying the place earlier.For example, if you wanted to move in on the 1st of the month — paying me an entire months rent — but were not sure you were going to do it until it was actually the 1st, and someone else was willing to move in on the 15th — but I’d have to prorate them on the rent, meaning I only get half a month’s rent — I’m going to rent to them instead of you.The absolutely worst thing for any landlord is a vacant unit: that unit is not earning them money. And sure money is better than maybe money.I can do factor financing on sure money: I can borrow against a guaranteed income stream to pay debts I have now, in exchange for a percentage of the actual amount of the rent.I can’t do that with your maybe-I-will-maybe-I-won’t.It’s not entirely clear from your question whether you are asking this as a landlord or as a tenant.If you are asking as a landlord: go ahead and say “sure, if I haven’t rented it by the day you want to sign and move in, you can sign and move in the same day”.If you are asking as a tenant: if there is any market demand for the place at all, expect that it’s probably going to be rented out from under you.The only way this works out in the tenant’s favor is if there are a large number of similar vacant units available in a large complex, and they have no preferences on the unit you get.Expect, in that case, that you will get put in the hardest-to-rent unit out of the available vacant units …even if there are other empty units they could have put you into: you’re going to be paying for your lack of commitment, one way or another.
Asked to begin the lease before my move-in date: what does it exactly mean?
It probably means that your apartment is available on "X" date, and that a condition of rental is that the lease must start on that date regardless of when you may be available to occupy it.In other words, they seem to be saying: "The apartment is available to rent starting on ___ date. We don't care when you actually want to occupy it."If you want the apartment then yes, you should pay that month's rent. The net effect is that your monthly rent is actually 8% higher, since you will only have 11 months left on the lease when you move in instead of 12.
Are you obligated to pay a full months rent if your move in date isn't until the 15th of the month?
Yes, if your lease either terminates on the 15th of the last month or there is a concession made by the landlord (usually in the lease) to accommodate for the few weeks worth of time.No, if the lease terminates on the last day of the month and there is no final prorated deduction or adjustment.However, if you agreed to these terms prior to moving in, then the agreement stands because the value of the term is what both parties have agreed upon.Funny thing: In commercial real estate, there are delayed starts all of the time usually granting the tenant free time to access the property to begin development of the business (plans, permits, etc…)
If you can't move in by the "move-in date" for an apartment, should you wait before signing the lease?
Great question!Fist off, I’m not a lawyer.In Texas, my general answer is going to be a YES. A Texas apartment association application states you must sign the lease within three days of approval but traditionally the industry doesn’t hold you to it. Once you sign the lease agreement you owe rent for those days if you do end up taking possession of the unit. If you cancel technically you owe the entire lease amount for the entire lease agreement. But if someone moves into the unit you have paid rent on they would have to refund the doubled portion of the rent they have since double rent is illegal. And they legally have to try and lease the unit so it’s just to much of a pain in the ass so it’s doubtful they will stick you with a lease to a unit you never took possession of… ugh!!!People who work in the industry in similar situations always wait until just before their scheduled move date and then reschedule. Usually a property can push it back two weeks depending on occupancy and how much they have leased.But the industry has caught up with this tactic. Yeildstar/ Yardi pricing systems assign rent amounts based on the move in date (or the first day on the lease - it doesn’t matter if you are actually there just that you have paid ). So, if this system or a similar system is utilized where you are moving it won’t matter if you change the date. The rent will just increase to make up for the loss of rent.
How do I ask my snoring roommate to move out?
well, you agreed to let her move in and moving is a hard thing. maybe she didn't know she was a snorer and when you confronted her, you hurt her feelings and she got defensive. people can not help what they do when they are asleep!!! would you get mad at someone for something they did in your dream? so why get angry at someone who might snore; walk; or talk while they sleep. why don't you calmly talk to her and suggest nose strips or other means for her to help with her snoring? my personality would be to laugh with her about it and joke about the snoring with her(not at her). and to come up with a solution to her snoring. try not to be so harsh with people who can not control what they do when they aren't awake. asking someone to move out just for that reason is very petty on your part and very insensitive. learn to lighten up and get a sense of humor about this SMALL problem!
How do I ask a relative POLITELY to move out of my house?
I've been supporting my aunt since February, she moved in with $10k and has never given me a dime or paid for a bill, yet she has blown through every last cent. She was going to take care of my son - before and after school - which she did for a couple of months. Now, she does nothing at all. She refuses to allow me into shared areas of the house like the living room because HER tv is in there, so she leaves it on these murder shows all day long even though she lays in bed staring at the ceiling instead of watching tv. She is a hoarder and has 7 dressers and 2 buffets and a table and chairs and she wants me to get rid of all my furniture so we can use hers. She has things stacked all over the house and never puts them away. I went through a tragic loss (my son passed away) around the time she moved in and I wasn't really thinking clearly when I agreed to letting her move in. She is not my lease and she does have other relatives to stay with. She is very mentally unstable and I am terrified of asking her to leave. My other relatives refuse to get involved because they don't want to deal with her. HELP!!!!
What is the difference between the terms "possession date", "rent commencement date", and "date of occupancy" in a commercial lease?
I imagine this question is spurred by a recent renewal or relocation?We run a commercial leasing arm, that handles both landlord and tenant representation. We are very familiar with these concepts as we issues leases with them on a daily basis.Possession date and date of occupancy are virtually synonymous. One happens after the other. Possession date is when the space keys are given to the tenant and they are free to move in and occupy the space.Occupancy date is technically when a tenant has moved in and has begun operating. The terms are often used synonymously as smaller tenants can move into smaller spaces over night… its only the larger spaces with bigger companies that have longer periods between possession and occupancy.Rent commencement date is when the rent starts.This is often how leases with free rent are structured.*Most free rent is tacked on at the end of the term.Ie. 10 Year Corporate Lease, with 12 Months Free Rent is an 11 Year Lease becausae the 12 Months Free Rent are added on at the end of the term. The possession or occupancy date, is the day the possession is given to the tenant and they are free to move in.Any lease questions - feel free to drop me a note. We do lease analysis consultations with our suggestions for $199 and we also represent corporate tenants nationally.
Can my roommate raise my rent?
I have been living with my current roommate for about a year and a half. I am not on the lease for the apartment, it is in his name. However, when I moved in with him, we both signed a contract. The contract simply states that I will pay him 430 a month which covers rent and utilities and cable. It also says that I will give him 30 days notice before moving out. That is all it says, it does not say the agreement ever expires (doesnt say the lease ever ends), it does not say that he has the right to change the agreement or the amount I pay him. He is trying to force me to sign a new contract that says I will pay more, and that if i dont then he will kick me out. Can he do this, considering we already have a written agreement? And if i refuse to sign this, and he does try to kick me out, doesnt he have to go through certain channels? Like he cant just change the locks on me, given that I have paid my agreed upon rent on time. I live in FL, if that makes a difference.
How do I prevent my landlord from abusing my situation? Moving out months before lease is up, he is planning on using the gap to bring in a contractor for renovation (but won't end the lease). We will be out of country. What can I do?
I was amazed at the variety of responses here. As a landlord I’m 100% clear that the landlord is in the wrong, legally and ethically, (if and only if he’s actually coming after you for the rest of the lease.)Basically he’s charging you for the remaining (for example) 4 months, yet he’s going to take that time to “inhabit” the apartment you’re paying for, and renovate so HE doesn’t lose any rental time. Trust me this is not legal in many states and violates about every ethical standard I can think of, and I’m usually the first to complain that laws are tilted in favor of the tenant.I’m flummoxed by the number of landlords answering this question that say you have no leg to stand on, or that anything about this case is cut and dried. This may explain why there’s so much effort to make laws more tenant friendly.In our state (Maine), if a tenant breaks a lease, I can bill the tenant for the remaining lease term, but I have the duty as landlord to “mitigate” the best I can. This means I have to try to get the unit rented, even if I have to lower the rent to do so (which I can charge you for). What you’re landlord is doing I cannot imagine is remotely legal in any state.Check your lease, but remember, just because it’s in the lease doesn’t mean it’s legal. Check your state laws against anything unfavorable that you find in the lease.