Rescinding a rental application after accepting

[lovestruck]

Hey guys,

Do you know if it's legal or possible to deny a rental application after the tenant has been accepted, if the purpose is to readvertise for a new tenant?

 

[HD_ACE]

What are you trying to achieve by doing this?

Cheers

 

[lovestruck]

Made an accidental mistake by confusing the two settlement dates, in conclusion the date that the tenant is moving in is 2 weeks after settlement date. I want to see if I can get someone closer to the settlement date.

 

[pinkboy]

So you signed a written contractual agreement between yourself and another party (the tenant), and because of your mistake you want to break that agreement to further your financial gain?

You scum sucking landlord!

What if the tenant did the same thing to you - got the dates wrong and needed to move 2 weeks later because they had a holiday, how accommodating would you be?

Contracts are for this very reason. They are written down so all parties are privileged to know all the conditions exact. There is no fingers crossed behind the backs while shaking hands. You signed the dotted line just as they did. Its up to you to understand and comprehend what's written.

Effect your written promise and learn from your (very minor) lesson so the next mistake won't be such a blow.


pinkboy

 

[Perp]

Made an accidental mistake by confusing the two settlement dates, in conclusion the date that the tenant is moving in is 2 weeks after settlement date. I want to see if I can get someone closer to the settlement date.

Like pinkboy, I think it's deplorable that you would even contemplate this. Suck up your mistake, and be grateful it's such a tiny one.

 

[macca446]

Im with perp and pinkboy on this one ,its is a loss of 2 weeks rent mistake on your behalf so what if you did get a chance to look for another tenant what is to say you will find a new one so quick could take 4 weeks or more then you lose out further.
Macca446

 

[The Fence]

Why does this sort of thing always go down the "legal" road?

Before getting lawyers involved, why not get in contact with the tenant and ask if they would like to move in earlier and would they be prepared to pay a little less for those 2 weeks and would they be prepared to make a new or revised contract?

It's gotta be worth a try.

Otherwise, 2 weeks rent is no big deal IMHO.

 

[pinkboy]

Why does this sort of thing always go down the "legal" road?

Because the very first word of the thread 'Rescind' is generally a legal term, and the OP is using it in that context asking 'how can I legally get out of this contract and not cost me a red cent so I can make more dollars for my pocket'.

That's why.


pinkboy

 

[The Fence]

Yes I know, it was a question for the OP, not you pinkboy.

 

[sammmeee]

man, this is what gives landlords a bad name..

I agree surely a phone call to the tenant would be your first option...your mistake your penalty.

 

[Terry_w]

Hey guys,

Do you know if it's legal or possible to deny a rental application after the tenant has been accepted, if the purpose is to readvertise for a new tenant?

An application is not a contract. But if you have made a written offer to the tenant who has accepted in writing then you may be in a binding contract. Is there a cooling off period - which may only apply to the tenant.

You may be locked in.

 

[MichaelGilbert]

Hey guys,

Do you know if it's legal or possible to deny a rental application after the tenant has been accepted, if the purpose is to readvertise for a new tenant?

Have you actually signed a lease? If so forget trying to get out of it. If its just a verbal approval on their application, Try to negotiate as The Fence mentioned.

 

[neK]

its 2 weeks..... esh.

Reading this makes me lose faith in humanity.

 

[macca446]

its 2 weeks..... esh.

Reading this makes me lose faith in humanity.

Yes some investors just do not get it ,wow what a joke.

 

[Scott No Mates]

its 2 weeks..... esh.

"Yeah but....I am so heavily negatively geared that I will be in default of my mortgage & will have this default on my credit history for several years impacting on my ability to borrow again to make more money. "

I have heard of "buyers remorse" but not "lessors regret".

 

[Brady]

Before getting lawyers involved, why not get in contact with the tenant and ask if they would like to move in earlier and would they be prepared to pay a little less for those 2 weeks and would they be prepared to make a new or revised contract?

It's gotta be worth a try.

Otherwise, 2 weeks rent is no big deal IMHO.

Great response. Get in contact with the tenant and negotiate. Not sure how in demand your property is but you have a tenant lined up ready to go in... happy days, whats 2 weeks.

 

[tobe]

Yeah but....I am so heavily negatively geared that I will be in default of my mortgage & will have this default on my credit history for several years impacting on my ability to borrow again to make more money.

Im always astounded when I see investors tell me their mortgage is behind because the tenants are late with the rent. WTF? Seriously, sell your investment property and buy a boat/BMW/holiday house, you dont get it.

The worse thing is the credit assessor usually accepts this as an explanation and does the loan.....

 

[wylie]

I thought Scott No Mates' statement was tongue in cheek?

 

[MarkB]

Made an accidental mistake by confusing the two settlement dates, in conclusion the date that the tenant is moving in is 2 weeks after settlement date. I want to see if I can get someone closer to the settlement date.

Worth quoting and preserving for future posterity.

If only for the cringe factor.

 

[plusnq]

Why does this sort of thing always go down the "legal" road?

Before getting lawyers involved, why not get in contact with the tenant and ask if they would like to move in earlier and would they be prepared to pay a little less for those 2 weeks and would they be prepared to make a new or revised contract?

It's gotta be worth a try.

Otherwise, 2 weeks rent is no big deal IMHO.

Im with the Fence. I'd ask them if they'd like to move in earlier as it has become available sooner. No ned for details. Otherwise I'd suck it up. Two weeks is nothing over the lifetime of a property investment.

Cheers

Shane