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We are in a pickle & I am hoping that someone has some ideas.
We agreed to move into an apt taking possession mid-March & at that time did a walk through & signed the lease. We realized approximately 1 week later that the unit was not going to be large enough & requested a larger unit if 1 was available & would pay the difference in rent. The landlord did have 1 that would be available as there is a tenant that had given notice & would be moving out (the unit was being advertised online & shown). We agreed that we would like the new unit, money was exchanged (check cashed) & we figured all would be okay so we have resumed packing up our current unit. We have also our present landlords notice & I believe that this place has been rented out to new tenants.
I receive an email this week saying that the new apt is no longer for rent & the the tenants are no longer leaving but that we can take another unit (smaller in size) & move later this year when a larger unit becomes available.
I told that PM that this scenario is unacceptable as the current tenant is in breach since they gave notice, we then rented it, & they have now changed their mind.
What is my recourse if any? I am trying to be diplomatic & understanding but at the same time, I am going to be homeless in about 3 weeks due to this situation. I am considering having an attorney review this but even then...can the landlord move the tenant to the other unit that they are offering us? Shouldn't the landlord at least offer some monetary compensation for this error? This does not make for a good business relationship going forward but due to my work locale/schedule this is 1 of the more convenient/safer places.
Since money was exchanged in favor of the larger unit, I'd surmise that the LL has indeed breached a contract. Was the lease you signed formally changed to reflect the new deal or do you have anything at all in writing to prove your case? It probably would be a good idea to pass this by an attorney as this really does put you in an untenable situation through no fault of your own. Good luck!
Well they just need to temp have the tenants lined up for your place do the waiting game, too. Perhaps, after seeking guidance from your local/state tenants' association, send them a registered letter immediately telling them you anticipate they will honor the agreement or keep you in your unit until an acceptable one is available. Check out if there is a tenant association in your state to give you guidance.
Yup... I have the entire email thread. I offered to come in & physically sign the new paperwork & she said we can do it upon move in date since they have the money that was for the other unit & the difference is $100. I'm sorry the present tenant is now "allegedly" sick & cannot move but in my eyes, the PM can arrange their move to another unit. Honestly, I think & the attorney that I already spoke with feel that this tenants new housing fell through so she is using medical as a valid reason to try to stay. In any event, I feel that my rights are not being respected at this time.
I am in amazement that people can do this & then berate you when you speak up about it. I am awaiting a callback from an attorney tomorrow during business hours. It's just principle at this point.
... send them a registered letter immediately telling them you anticipate they will honor the agreement or keep you in your unit until an acceptable one is available.
I read it that the OP isn't in the complex yet. He's already given his present LL notice and believes that someone has already contracted to move into it once he moves out so he can't stay there. The new LL is offering him a smaller unit until a larger one becomes available - not what he paid additionally for.
OP, hope the attorney has something to offer tomorrow - keep our curious minds posted!
To play devil's advocate, what if the current tenants just refused to move. Made the LL evice them, which obviously takes some time. Would the LL be in breach of contract? What exactly would the LL do in that situation to "fix" the problem?
To play devil's advocate, what if the current tenants just refused to move. Made the LL evice them, which obviously takes some time. Would the LL be in breach of contract? What exactly would the LL do in that situation to "fix" the problem?
Pay for the tenant's hotel until the unit is available(for a reasonable amount of time, or until the tenant finds another place(reasonable amount of time too). Or pay the difference in rent for a comparable apartment is available and pay the additional moving expenses(if there are any).
Since they are being offered the smaller unit, the cost of moving twice(being paid for the second one). And any difference in rent for the term for a comparable apt(to the larger one).
That's my take.
To play devil's advocate, what if the current tenants just refused to move. Made the LL evice them, which obviously takes some time. Would the LL be in breach of contract? What exactly would the LL do in that situation to "fix" the problem?
I would agree with this scenario BUT.. the landlord clearly told us in writing that the tenant is "sick" & is unable to move at this time. I honestly believe that the tenant's potential housing fell through so this "sickness" is what they've come up with. Due to present HIPA laws, all would be technically unable to find this out to verify if true or not.
I read it that the OP isn't in the complex yet. He's already given his present LL notice and believes that someone has already contracted to move into it once he moves out so he can't stay there. The new LL is offering him a smaller unit until a larger one becomes available - not what he paid additionally for.
OP, hope the attorney has something to offer tomorrow - keep our curious minds posted!
This is correct. We are not in the dev yet but have given present LLs more than ample notice. They are currently showing our unit & I believe they have a new tenant. Our money has since changed hands to the new PM Co & the check has cleared our account & we have also cleared background w/flying colors & proof of income. PM is wrong no matter how we look at this in my opinion.
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