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April 28, 2008
throwing the baby out?
I own an investment condo unit which I'm attempting to sell, so far unsucessfully. It's been empty a while and so I'm losing a lot of money each month. I've decided to rent it month to month for much less than the market rental rate. The tenants would have to allow my agent to show the unit and have open houses every other week-end. A nice couple is willing to take it and she is due to give birth in July. The absolutely know the situation; that, when I go into contract they will get sixty days to vacate and they have agreed in writing. Mentioning this to some friends, they think I'm crazy to rent to this couple because of the possibility of their staying on, using the newborn as an excuse. Again, they fully understand they would be moving in month to month. Any thoughts.
Comments
I would not take the risk
Posted by: guest at April 28, 2008 10:51 AM
If you have it in writing that they will vacate with 60 days notice, I don't see what the problem is. Excuse or no excuse, you'll have a contract. I'm not sure why anyone would want to live under such circumstances, but perhaps they have their reasons? That said, perhaps your condo is priced too high? If the goal is to sell, maybe focus on that piece of it and see if you can make adjustments (price, website, agent, whatever) to get it sold. Good luck.
Posted by: guest at April 28, 2008 10:58 AM
Evicting tenants can take years. Seriously. The law is not on your side. What if they are so overwhelmed with new parenthood that they decide it's too much hassle for them to move when you want them to? Where is this condo that you're having such a hard time selling it?
Posted by: guest at April 28, 2008 10:59 AM
By posting this here don't you think you are opening yourself up to a potential lawsuit if you don't rent to them? Essentially you are asking people if it is okay not to rent to someone because she is pregnant. Makes me think this post was made up to generate some postings. Oops, fell for it...
Posted by: Putnamdenizen at April 28, 2008 11:16 AM
What are you going to do, sue them if they don't move out? Why bother? Too much hassle.
Posted by: guest at April 28, 2008 11:37 AM
I suggest you speak to a landlord/tenant attorney. This group is not exactly the authorities you should take suggestions from.
That said, as long as you have a lease, you won't have a "legal" problem. If you have to take them to court for a "holdover" proceeding, just being pregnant or having a baby is not enough for a judge to force you to allow them to stay in your place.
I would suggest having the couple sign a side letter to your lease with expressed specifics about the details of your situation.
That's about it.
Good luck.
Posted by: PutnamStoner at April 28, 2008 12:00 PM
Why are they taking your apartment on a month to month basis?
If you think they are moving after the baby is born you are dreaming.
Contract or no contract.
Babies Rule!
Do you have the heart to ask them to move with a newborn?
It is tough to find an apartment with a newborn baby
You are naive.
Posted by: Ysabelle at April 28, 2008 12:20 PM
Why are they taking your apartment on a month to month basis?
If you think they are moving after the baby is born you are dreaming.
Contract or no contract.
Babies Rule!
Do you have the heart to ask them to move with a newborn?
It is tough to find an apartment with a newborn baby
You are naive.
Posted by: Ysabelle at April 28, 2008 12:23 PM
I am glad i told it to you twice.
Maybe it will sink in!
Posted by: Ysabelle at April 28, 2008 12:28 PM
no way would i write this to generate postings Putnamdenizen suggests above. i have better things to do...
Posted by: ez at April 28, 2008 12:31 PM
Yes but by law you must now rent to the first eligible tenant you show the apartment to. Here is the evidence for them to move right in.
Posted by: guest at April 28, 2008 12:36 PM
Time flies.
Soon you will be going to a bar mitzvah and a graduation.
Posted by: Ysabelle at April 28, 2008 1:00 PM
Okay, but "ez" I am still concerned that you aren't protecting yourself. While you could certainly decide not to rent the apartment at all, you can't decide not to rent to someone because of a legally protected characteristic (such as family status).
Posted by: Putnamdenizen at April 28, 2008 1:02 PM
Don't do it!
Posted by: guest at April 28, 2008 1:59 PM
Dude, 10:59 is right: the law is not on your side. By renting out an apartment which you intend to sell, you are creating a Pandora's box. It's hard enough to evict normal, non-pregnant tenants. Either you decide to sell this place, in which case you must sell it vacant; or you continue renting it for the foreseeable future.
Another point to consider: you potential buyer may not want to buy a condo with tenants in it, even if you provide reassurances that the tenants will leave. As someone who just spent 6 (six) months waiting to buy a house with problematic tenants, I can say this with certainty: never again will I consider buying a property that is not vacant.
My advice: tighten up the belt, take on some debt, but continue showing the apartment vacant. Lower the price if there's no interest. There's a price for everything.
Posted by: Sputnik13 at April 28, 2008 2:05 PM
As a landlord myself, I would sooner lower the price than take on a risk like this.
When you're a landlord, you're taking responsibility for someone else's home. I think it's important for all landlords to act with that basic responsibility in mind. If you are going to need them to leave and they can't, then you are going to find yourself overextended, and the law will not and should not be on your side.
(Omigod, I just agreed with Ysabelle...)
Posted by: vanburenproud at April 28, 2008 3:00 PM
thanks all. i decided not to rent it to the couple.
Posted by: ez at April 28, 2008 3:10 PM
Not renting it to the couple?
Be careful about going and renting it to someone else now that you've posted on a very public forum that you are not going to rent it specifically to this couple now that everyone's talked about how difficult it might be for this pregnant couple to move once a baby is born!!!
That's breaking the law, you can get in big trouble for that!!!
Posted by: vanburenproud at April 28, 2008 3:17 PM
3:17....how you going to track down ez and report him to the authorities?
Posted by: guest at April 28, 2008 4:08 PM
"Okay, but "ez" I am still concerned that you aren't protecting yourself. While you could certainly decide not to rent the apartment at all, you can't decide not to rent to someone because of a legally protected characteristic (such as family status)."
Wrong. This was covered in another thread recently. Owners of one condo unit or apartment in their home can rent or refuse to rent to whomever they want for whatever reason.
Posted by: guest at April 28, 2008 7:38 PM
Of course, one can also understand the tenants: it must be hell trying to find a rental apartment while pregnant. No wonder they are willing to agree to anything.
Did you ask them for their first-born? There may be room to negotiate... jk.
Posted by: Sputnik13 at April 28, 2008 7:52 PM
Maybe, the couple will look for an apartment after the baby is born.
Landlord, I hope you know how to change a diaper.
Is it number one or number two?
Don't you love surprises......
.
Posted by: Ysabelle at April 28, 2008 9:11 PM
Don't show the place vacant - get some furniture in there and stage it, and it will sell (if you aren't priced too high.) This is way better for selling than showing it occupied with tenants.
If you are holding out for a price higher than the market will bear, and don't care if you sell or not, then go ahead and rent. But don't make your decision on a discriminatory basis (the baby.) Maybe these people are looking to buy (or a better rental for the longer term) so are OK with a short-term rental. Maybe they are honorable and will move out when their time is up (I would, and a baby wouldn't change that. Contrary to landlords' expectations on this board, not all tenants are deadbeats who want to live with conflict.)
But if you truly want to sell, make it look good with staging furniture, and sell it instead.
Posted by: guest at April 30, 2008 4:35 PM
I don't think anyone here is saying that all tenants want conflict.
I think it is fair to say that landlords face a specific risk: the odd tenant who either wants or can't avoid a conflict. And that it's reasonable to work to minimize risk, as long as it's done in a fair way.
If this person can't tolerate the risk, then they shouldn't rent. Period. Baby or no baby. The bottom line is that the baby people could be great tenants, and single gal X could be a vicious wackjob with a singular intent on screwing the landlord.
The thing that sticks out here is not that the potential tenants have a baby, but that a potential risk (like a baby, like anything) created such trepidation.
Posted by: guest at May 1, 2008 3:17 PM
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