Thanks for the great analysis!A couple of points for clarification:
1. The agreement is for a 7/8 move out (vs 7/31).
Pro-rated on a daily basis ($115.07/day), it translates as a break of $4,372 vs. $7,019
The accrued late fees to be forgiven amount to roughly $500
Total discount is actually roughly $4,900 vs. $7,500Does that still seem like a good deal for us?2. Regarding:
As long as you don't mind letting the buyer come over for any inspections, etc.This is a point of major concern. A previous landlord put the house we were renting on the market several months before we moved out... and it was like the circus came to town.Prospective buyers, contractors
, workmen, realtors… there was all kinds of traffic through the place. It was extremely disruptive... including during our actual move out preparationsSo, before we signed the current lease, we asked the property manager (a realtor, but not the selling agent) whether the owners planned to put it on the market during the term of the lease. He said "No". Unfortunately, that was not written into the lease, and 7 months later, the house was on the market.
In my opinion, we were deceived, and the property manager has confidentially told me that he also felt misled by the owners.We have once again endured a "circus" during the past 2 months... only - in my opinion - this owner was personally aggressive regarding his demands that people be able to come through the house with 24 hours advance notice on any day, for as many days, as frequently, as he deemed fit.He backed off a little when he discovered that all kinds of inconvenient – but reasonable - things can interfere with showings. We eventually came to an agreement... but it was not quick or easy.That is why we have a major concern around the language in I. (g):
Landlord shall contact Tenants in advance should Landlord REQUIRE reasonable access to the property for inspection and/or RELATED TO THE POTENTIAL SALE OF THE PROPERTY and will COORDINATE the date and time of any such access with the Tenants.We understand that inspections and an appraisal
, etc, are standard aspects of home sales ....It’s time lost for us… but fair enough.But the owner verbally expressed activities "related to the potential sale of the property" to me as the potential for workmen to be on the premises for any repairs that he might agree to as part of the sale. We have no idea what those things might be, how frequently they might need to be here, or how much time they would intend to spend here.The agreement includes no limits, and only states that he will "coordinate the date and time of any such access with the tenants."a. The key question is:
Do you interpret the term "coordinate" to be synonymous with two parties making arrangements solely through mutual agreement?Or could it be interpreted to mean that we WILL comply with any repair work (at his sole discretion) with only coordination (not mutual agreement) on the dates and times it might occur.b. We lost a substantial amount of the quiet use and enjoyment of our home during the past two months. The owner surprisingly scheduled 3 inspections/tests for Wednesday afternoon, ostensibly to limit the number of intrusions. As a gesture of appreciation, I am taking that afternoon off to be here.But… a workman the owner hired to replace some shower stall glass has failed to do so during 3 previous visits … he wants to schedule a 4th visit. The appraisal has yet to be scheduled, and this brings me to my second question:At what point may we draw the line and demand:
"Enough... no more intrusions ... If you want repair work done here, you have a choice: Either do the work after we move out, or if it must be done before escrow
can close, compensate me on a pro-rated basis according to my salary ($100/hour) for each hour workmen are here for ancillary activities.”We have 5 weeks left here, and need to pack, find a new place, etc. It seems reasonable to cap disruptive activity.How would you phrase a clause to expressing that idea?3. In 22.6, our lease states "Owner will provide open and closing services of pool from approximately the end of May through the first week of September, if tenant so desires. Tenant will provide regular pool chemical treatment and cleaning through a pool company deemed acceptable by Landlord."Given the owner's history, we are inclined to wait until after the written agreement has been fully executed before asking that the pool be made ready for use. Naturally, if he drags his feet for very long at all, it won't make much difference for us.Would you be willing to write a clause to the effect that we will be compensated (perhaps $500?) if the time between our request, and its fulfillment, exceeds a week?We understand that an additional fee may be required.