Quick question !! Would you let a resident who decided to break into...

Quick question !!
Would you let a resident who decided to break into their apartment two weeks before they move in, has not signed a lease, and only paid a deposit… continue to move forward with the move-in and lease signing?

Guest Insider My first thought would be no but always consult your attorney.

Guest Insider No

Allie Gartside Absolutely not. No legal documentation has been signed by either party. No criminal activity should be allowed at the property written in your lease and they have committed a crime already at your property. Who knows what other shenanigans they are going to pull.
Refund their deposit.
Did you also already give them the approval on their application? If not have your legal team write up an unapproved letter due to breaking in! Like what if that unit was still occupied?

Guest Insider So my mom actually just did this at her new apartment. They told her on the tour that they leave the unit unlocked so she stopped by a couple times to see it again and show her friends. So how you're defining "break in" is relevant. She honestly didn't know she wasn't allowed to go in - they told her it was unlocked. ????‍♀️

Megan Goodmundson It wasn’t their apartment. Period. It was a vacant apt. Absolutely not. And forfeit deposit. Charge all repairs and time back to them too. Press charges.

Mark Tanguay it would be advisable to separate these two things. Since they have not signed a lease, they have no right to an apartment at this time.
1. file criminal charges against them, including a trespass order.
2. inform them that since they have pending criminal charges, you are willing to hold their deposit until the outcome of the trial or return their deposit.
3. Proceed with the criminal charges and collect damages through the court.
4. If they are found guilty, deny their application and return their deposit due to criminal history. If they are found not guilty, you can still request the trespass order. If it's denied, you would most likely have to rent to them... after they sign a lease.

Gerry Hunt You have a squatter on your hands. I would report the break-in and consult the company later.

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