Special offer

For Heaven's Sake, The Tenant Does Not Write Up The Lease

By
Real Estate Broker/Owner with Home Jane Realty BRE# 01439865

In my market, with the high cost of home ownership, renting is sometimes the only way to go. In most markets it does not pay for agents to do rentals. They are very time consuming and most of the time Leases are written by landlordswe spend a lot of time, energy and gas driving renters around only to end up with them disappearing and not even thanking us. It has happened to me many times. But with the high cost of rentals in our market and a decent commission structure it can be worthwhile for Los Angeles Realtors® to work with renters.

I generally don't mind doing rentals at all and have met some wonderful people in the process. However, I have a huge problem with agents who are either too lazy, too uninformed, or too "above it" to draw up the lease when everything has been approved.

I am actually a renter, and never in my life have I, the tenant, drawn up a lease with all its terms and conditions. 

For some godforsaken reason there are agents who think that the lease is the same as the purchase contract, something to be approved and accepted by the landlord.  No it isn't . The application, credit and reference checks, etc. are the equivalent of the purchase contract. The landlord has to approve the prospective tenant after all conditions are met - price, credit-worthiness, etc. At that point the landlord (read landlord's agent) draws up the lease with the respective conditions - where to send the check; how much the charge is for late checks; how many keys will be given; if storage is included; what is included, and so on. 

How on earth is a tenant (read tenant's agent) supposed to write up the lease? When I ask this question they tell me to ask them all those questions and fill in the blanks. Huh?

I swear the next time a landlord's agent tells me to draft up the lease I am going to do filling in those blanks with a bunch of ridiculous conditions favoring the tenant.

I have been boiling over about this for a long time but a recent experience sent me over the edge.

Rant over - for now.

Comments(51)

Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

The leopard doesn't change his spots, Jane Peters ... no matter the jungle they walk in ...  

Those that take shortcuts or are lazy (etc. etc. etc.) will do so no matter the task at hand.  You have a right to be upset and frustrated ... and to your rant.  Hopefully, some of them read this and recognize themselves ...

Gene

Aug 23, 2016 01:34 AM
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Jane, this took a direction I wasn't expecting.  When I read the title, I thought this was going to be about those new companies that let the tenants make offers on rentals (ie lowball the rent).  I had much the same thought when I saw that commercial, since I am a landlord.

 

I can't imagine asking another agent to write the agreement.  That just doesn't make any sense to me.  I'm dumbfounded.

Aug 23, 2016 02:31 AM
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

I would be tempted to submit terms for $1/month, no security deposit, 14 occupants, 4 dogs, 3 cats and owner pays utilities, that's the terms the tenant wants.

Aug 23, 2016 05:08 AM
Lyn Sims

That's what I said lol.

Aug 23, 2016 09:45 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Laura Allen, Lake Tahoe - Truckee Real Estate for Sale www.TahoeLauraLuxuryHomes.com now that's a great idea. Charge them more 

Laura Cerrano and I am sure the client wouldn't want the tenant writing the lease. And thank you, I am doing fine. Hope all is well with you too.

 

Aug 23, 2016 05:40 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Kat Palmiotti yes indeed. Let me at a lease and see what comes back 

Gita Bantwal is there any other way? Mind boggling isn't it.

 

Aug 23, 2016 05:42 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Harry F. D'Elia ya think! But you know it would just come back as unacceptable. The whole thing drives me nuts.

L. Scott Ferguson me too.

Aug 23, 2016 05:44 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Chris Lima the sad part is if I argue my client suffers. We do have standard leases but there are lots of terms favoring the landlord to be filled out.  Grrrr....

Doug Rogers we are an escrow state, so no lawyers and we have standard forms. It ain't difficult.

Aug 23, 2016 05:46 AM
Chris Lima

I agree that it's best to always keep the interest of your client.  Arguing is a waste of time and energy in most cases.  Most of what I see in the "standard" lease is, well standard.  LOL  Obviously, the laws and forms are different in California, but here the std lease form is used frequently and successfully.  If something needs to be added or addressed, it will go to an attorney.  That's way out of my scope. 

Aug 23, 2016 05:54 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Richie Alan Naggar good point. 

Mike Cooper now that really adds to my point.  

Aug 23, 2016 05:48 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Jeff Dowler more annoying than scary, and far too prevalent.

Jennifer Mackay it is too lucrative here to refer out and is also good for relationship building. We don't generally manage though so it is not a long-term solution. For sure if a listing agent was managing then you would think they would write the lease.

Aug 23, 2016 05:50 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Pete X with X Group Real Estate Advocates sad isn't it. However I am dealing with agents who do a ton of leases. They just refust to write them.
Michelle Francis honestly, the landlords and sellers don't have a clue how badly they are sometimes represented, Wow indeed. I really don't understand the mentality of these agents. Their answer is that the tenant is the one applying for the rental. Yes they are and you have already approved that stage of the process. Don't get me started.

Aug 23, 2016 05:53 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi one can only hope, but it will make no difference I guarantee you.

Ryan Huggins - Thousand Oaks, CA I am constantly in a state of dumbfoundedness in this market.  

Aug 23, 2016 05:55 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Greg Large I am making a note.  I love it.

Aug 23, 2016 07:47 AM
Greg Large

That was my alter ego showing his ornery self there, and he forgot to mention he will be running a car repair service out of the driveway.

Aug 23, 2016 09:19 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I have to agree with you. You should write the next one up with $100 month rent with no late fees & no security deposit.

I recently wrote a post about tenants trying to negotiate on leases lately. It's ridiculous when they haven't even seen it but say 'I only can pay x'. Well, see ya when you can pay the stated amount.

Aug 23, 2016 09:44 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Lyn Sims I am sooo tempted. Tenants need to be looking at properties they can afford and not think they can negotiate. Unfortunately it is not a renters market, at least not here.

Aug 24, 2016 04:04 AM
Lyn Sims

Jane, that's what's so funny - it isn't here either.

Aug 24, 2016 05:08 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Greg Large too funny.

Aug 24, 2016 04:05 AM
Mike Bjork
Evolve Bank & Trust - Redondo Beach, CA

I haven't ever dealt with an Agent while looking for a rental.  Typically, a Property Management Company or Landlord/Owner has their forms, with their terms, printed on the contract.  I know some agents, whom are taking on Property Management roles, so they have consistent business and service their Investors; which they provide these forms.  Haven't seen the tenant making the terms.  Wish I could set the terms too ;)

Aug 24, 2016 04:07 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Mike Bjork you think the lightbulb would go off with these people wouldn't you?

Aug 24, 2016 05:23 AM
Mike Bjork

Absolutely!  As you pointed out, I think those Agents whom would make such a request, probably don't really want to do Leases; but do it for the quick cash, so they don't take the time to do their job properly.  It's unfortunate!  It's a disservice to everybody involved.  Imagine if that happened on a purchase contract (?).

Aug 24, 2016 05:53 AM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Agents that only do a rental here and a rental there 2 or 3 times a year usually haven't kept up with all that goes on in the field of leasing. We have had a handful of changes this year in lease forms, and landlord tenant laws. Many agents won't know that until they go to try to do a rental. Leasing is a serious business and many agents get into trouble trying to do rentals because they haven't kept up with changes.

Aug 28, 2016 10:35 PM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Jeff Pearl that is sad, and scary.

Aug 29, 2016 06:50 AM
Lottie Kendall
Compass - San Francisco, CA
Helping make your real estate dreams a reality

Jane, that's crazy -- I see it here sometimes, too, but not often. Must truly be frustrating.

Sep 01, 2016 01:24 AM