Dress: H&M
Shoes: Target
Bangles: Forever 21
It all started yesterday around noon. I got a call from my future apartment manager saying that the tenants who currently live in the apartment we're supposed to move into next Friday (yes, 10 days away) decided that they want to extend their lease for another month. He said that it's their company's policy to allow tenants to do this (at any time, even if they had decided to do this the day before our move in date) even though we've already signed a lease and that we're going to need to find a plan B.
He said that we could ask our current apartment managers to extend our lease for a month and then we could move into the apartment we were promised then, we could look elsewhere, or we could take another apartment that they had available. Well our current apartment managers said that they have already leased our apartment, so we can't extend our lease and we called around to other apartments and there's basically nothing available for next week (at least anywhere close to our price range). So that means the only option we have available is to take the other apartment that they are offering us. It's about 140 square feet smaller than the one we thought we were getting and has 1 less bathroom. Of course it's $200 a month more expensive because it was recently remodeled. They are giving us $200 off the price it's actually valued at, but even then it's still $200 more than we would have been paying. Don't get me wrong, it's a very nice apartment, it's just not what I was promised and it's not even the equivalent of what I was promised. We even asked if we could move into this other apartment for just a month and then into our original one once the tenants do move out and they said no.
I guess what makes me the most upset is that this situation is even allowed to happen. How can someone sign a lease months ago and then 10 days before the move be told that basically the lease meant nothing? They put us in a position where we basically have no options because they gave us such short notice. If I had known this could happen, I definitely would not have made the decision to live in this community.
What also stinks is that I'm not a lawyer and I don't know any lawyers, so I don't even know if what they're doing is legal or not. Yes we could take our lease and go talk to someone, but do I really want to spend the money/take the time to sue the place that I'm going to be living at for the next year? No not really. It just doesn't seem worth it to me. I'm stressed out enough as it is with work/life and don't really need any extra stress on top of that.
I just keep trying to tell myself that there has to be a reason why this happened to us. Maybe the apartment we were originally promised had really noisy neighbors or maybe there was a dog next door that barked all the time. Maybe the appliances were old and always would have been breaking on us. Who knows. I just pray that something good will come from this.
Thanks for listening to me vent and please send lots of good vibes our way. We could definitely use them right now :)
wow, that's terrible! I agree, though - if you are signing a lease, one would think that you had signed a legal statement, and therefore everyone should be bound to it. It's probably in that darn fine print somewhere :( But it wouldn't hurt to read through that fine print just in case, and it might help you see another option or push back on the current options.
ReplyDeleteAre there any "extended stay" type hotels in your area? Or do you know any people that you could stay with? or is there university housing that is open during the summer? I'm just thinking, before resigning to an apartment that you might always feel was secondary to the one you wanted, I would try to exhaust every other option. You might find somewhere you can stay for cheap for that 4-5 weeks, put your stuff into storage, and then move in next month. It's a drag, but if you can find a place, it might be worth it. And if you are unable to find anywhere, but you know you've exhausted every possible option, then you can rely on the fact that you mentioned: there's a reason that you didn't get what you thought you were going to get.
Anyway, I'll say a prayer right now for you!!
Oh how frustrating! Like the process of moving needed to be more complicated! I'm sure there's a reason behind it all and know that you'll make it a great home in no time.
ReplyDeleteI'm so sorry this is happening to you! If you have a lease with them already I would read it carefully and see if there is anything you can use to at the very least get a better deal. I think that you should get the other one for the same price you were going to pay for the other one. It seems very unfair to do this and then not let you move into the other apartment when it's available. Good Luck!
ReplyDeleteand good vibes!
ReplyDeleteI'd have them check the fine print of their lease agreement with the new place. If it does not have any escape clause (i.e., landlord does not have to provide renter exact apartment at the same rate, or landlord can cancel/amend before renter moves in) then they can probably threaten them with breach of a lease. But, at best, their damages seem to be about $200 month (difference in rent per month, minus discount from landlord, so it's not really worth pursuing in court).
ReplyDeleteBest option is, if the lease doesn't have an escape clause, push the landlord for the better apartment at the rent they had initially agreed to pay.
I agree with checking the lease first. Also google tenant/landlord statutes for the state you live in. Some states have hotlines to the government agency in charge of tenant/landlord issues and you can call to ask them specific questions for clarification if the law seems confusing. I had an awful landlord before and as soon as I cited laws to him, he backed down immediately and gave me what I asked for. I hope it all works out for you guys!
ReplyDeleteOh Sara, I am so sorry. I would also google tenant statutes for the state you live in. I know in Illinois, they would not be able to do this. A lease is a contract and if it's signed, they are bound to it. Read the fine print and see if there is a clause in there about this. It is not at all fair of them to do this to you at all, especially with such short notice and then tell you that you can't have the apartment you signed for after the month is up. I would push for that. There are usually free services, or very cheap ones, to help you with tenant rights - just google it. I've had to do this in Chicago before - know your rights, because you shouldn't have to pay MORE for an apartment you didn't sign a lease for.
ReplyDeleteIs there any chance, if none of the above works out, you could find an altogether different apartment, not with this landlord?
Good luck - I'm sorry you're in this situation. It sucks. You look adorable though, and that dress is so flattering on you, I want to run to H&M and get it - is it recent?
I thought that as a tenant, when your lease ended and you put in your 30 days notice that your apartment is now legally up for grabs to another tenant (i.e., You). So that even as the existing tenant, should you change your mind, you would need to sign a new lease or extend your current one only if your apartment was still available. So I totally don't get how your new apartment manager could get you guys in this ridiculous predicament!
ReplyDeleteI have zero law knowledge, but is it a possibility to call up other complexes to get an idea if this is legal to do? Is this a law thing or some weird thing only that complex is doing?
So sorry to hear about this!
pretty dress! xoxooo
ReplyDeleteSomething definitely is wrong about this situation. Thinking of you and hoping something works out!!
ReplyDeleteOh my goodness Sara that is freaking ridiculous! From what I know, stuff like that doesn't happen here in Canada so I can only empathize! You poor thing, as if that's allowed!? I'm sending positive energy and love your way right now girlie! It will all work out for the best:)
ReplyDeleteIf you have a law school in your area, I know that a lot of them hold free legal clinics where you can get advice about these kinds of property/rental issues. Hopefully you can get something back from all the trouble this has caused!
ReplyDeleteHi Sara,
ReplyDeleteSo ridiculous! Ugh. I'm sorry you are going through this!! :-( Sending good vibes your way. I agree with everyone below....check out the fine print, etc. It just doesn't make sense that they would put an apartment on the market and have you sign a lease when there's a "chance" that the current tenants can change their mind (and they did!). It's so messed up! :-(
Gina
Read your lease! If the apartment complex signed it and you signed it, that's a legally binding contract. It should have a provision discussing something similar to this situation. Read your landlord/tenant statutes for your state. They may address this situation. The new landlord is trying to give you the run-around. You're entitled to what you bargained for, and especially if the lease says that you get the 2 bedroom apartment for X amount per month. Google "demand letters to landlords." Write one to your new landlord. Get it all in writing. You are entitled to remedies for their breach.
ReplyDelete(Obligatory disclaimer: This is not legal advice. You should consult with your state/city's tenant rights group. They do a lot of this type of work pro bono)
Thank you! At least there's one good thing about this post!
ReplyDeleteWe've tried searching for other apartments and there's really nothing available for next week. The few that are available are a lot more money than we want to spend or not in the location that we want :/
ReplyDeleteI actually just got the dress a few weeks ago and I remember seeing tons of them in the store just this past weekend. It's not the greatest quality, but it's only $25 and super cute!
I'm sure there are "extended stay" type hotels in the area, I just honestly don't want to deal with all of that for the next month (or longer). I just want to get all my stuff moved in and get this move over with, you know? Plus we were thinking, what if these tenants decide to extend their lease for even longer after this month?
ReplyDeleteI know! Moving is hard enough on its own without all these other random things popping up. I have no doubt that it will be a nice home because it really is a nice place, I just hate having bad feelings towards a place before I even move in.
ReplyDeleteI'm guessing they won't let us move after a month because that place is less money. Who knows though.
ReplyDeleteThank you for the good vibes!
ReplyDeleteWe called our state hotline and they said we should try to negotiate the price with them (down to what we were originally supposed to be paying). We tried that and it didn't work :/
ReplyDeleteWe talked to our apartment complex that is a much bigger company and they said they think they are in the wrong. They said this isn't a state law because they don't have to do it for us (extend our lease after they've signed a lease with someone else).
ReplyDeleteI know....I'm afraid to sign anything with them now :/
ReplyDeleteI think I need to move to Canada ASAP! I've always heard that things/people are better up there :)
ReplyDeleteThanks for the tip :) I will definitely look into that.
ReplyDeleteThe sad thing is that this happened to us not once, but twice! The first time we hadn't signed a lease yet though. So this is the apartment we were given after it happened the first time. We should have known then that this place was bad news.
ReplyDeleteeven if you go over every single word in the lease it doesn't really guarantee anything. Unfortunately, many leases are just cut and paste type situations where things are then hand written into different clauses according to an individuals situation. Maybe when the people who are currently in the apartment signed their lease THEY negotiated that option into their lease somewhere... or maybe they are related to the landlord.. or maybe they slipped him a couple hundred bucks under the table. My husband is a broker and deals with crazy NYC rental situations all day long. I want to send you good vibes but the reality is that the landlord really is the one in control here. You could get involved in a legal situation but it wouldn't be worth your time or money and 9 times out of 10 the landlord wins. My suggestion is to take the other apartment or even better- get crazy busy and find a new one. If you take the other apt they are offering you, NEGOTIATE a deal that you can be happy with... try to pay less security, or have utilities paid or free parking or whatever other deals you can think of so that you don't feel like you got so screwed because otherwise you are going to be bitter in that place on day one and nobody wants to be bitter in their new home.
ReplyDeleteI hope it works out for you- keep us posted
This is strange. Are you sure they aren't trying to swindle you into paying more? Maybe the more expensive one opened up and they would rather someone be paying that rent and the tenants in your apt. wanted to renew their lease last minute so they are trying to get you to switch by your own choice? Either way, very fishy and they are trying to bully you. I wouldn't want anything to do with them. Bad news.
ReplyDeletethis makes me so angry! there has to be something that can be done.
ReplyDeleteSorry this happened to you!
ReplyDeleteIs there any way that you can sign a lease for just one month at the smaller apartment instead of one year? There is no reason why they can't let you move in to the apartment you wanted after one month--they have to lease it to somebody, right? And you already signed a lease for it. You should read through the lease thoroughly and look up tenants' rights in your state. You shouldn't need a lawyer.
A lease is a contract--if they can cancel your lease, they can damn well just re-type a new move-in date on it.
Sara--I stumbled across your post from another blog that my friend had posted a link to--I am an attorney and I can tell you that unless there is something in your lease that says they can revoke without notice, then they are not legally permitted to do what they are doing. What I can tell you is that they likely know what they are doing is against the contract and do not care. They have done a cost-benefit analysis, and they likely know that most people who they screw over are not willing to go through the trouble to sue them. I would engage an attorney immediately. As in, tomorrow. You can find attorneys that are willing to take the case on a contingent fee basis, i.e. they will not require you to pay any money up front, and instead will recover from whatever the apartment complex ultimately pays you. I will not go into any further details, because I really can't offer much advice without seeing the contract (or being an attorney in your state, as I live in Texas), but you need to take charge and get to an attorney first thing tomorrow. You will end up much happier if you put in the effort, and they will learn that there are at least some people who they cannot do this to.
ReplyDeleteIt sounds like you were just the victim of a bait and switch (it almost seems like they never planned for you to even take the apartment that you signed the lease for, but instead hoped to hook you into relinquishing your own apartment and then forcing you to take the more expensive apartment they had available. Otherwise, why wouldn't they just let you move into the apartment you leased after the month is up? I don't see why that would be a problem if this truly was an emergency situation where they didn't foresee something like this happening) . Even if you don't sue them, knowing your rights and approaching them about it could be enough to get them to honor the original lease (a car dealer tried to do a bait and switch on my dad when he was buying me a car in high school and he went back the next day after looking up information about the dealership's legal problems with past buyers, and they had to honor the deal they had offered him b/c they were afraid of litigation).
ReplyDeleteOh no! A similar situation happened to me and my boyfriend. Long story short we waited three months for the tenants to move out (we were able to extend ours) and then they totally pulled out and said they want to stay at the apartment for another year. Boo! However, we went on craigslist and ended up finding our real dream apartment! It's happening for a reason- you just don't know what that reason is yet. Good luck!
ReplyDeleteHi, Sara! I'm a regular reader. I'm normally quiet, but this is just so unfair, I had to chime in. I'm a law school grad, currently studying for the bar exam. I can't give you legal advice, but I just wanted to join the chorus encouraging you to seek some help. I think someone else mentioned this, but a law school in your state will probably have a clinic with students who know your state's law and can advise you. You could also try googling for a volunteer lawyer group - Arizona has a group of lawyers who do pro bono you can just call with legal questions on a variety of issues, and landlord tenant is a popular topic. My other suggestion is to find your state's landlord tenant laws. Many times these laws are available in plain English and can answer a number of questions; for example, in AZ, it's called the Tenant's Rights Handbook.
ReplyDeleteIf push comes to shove, find an attorney who can advise you of your rights and help you enforce your lease, or get you the damages you deserve because you relied on the contract you entered into with them. Help might even be available through a lawyer volunteer program.
This is a terrible situation. I hope it all works out, one way or another.
I recently read Zen and the Art of Happiness and I learned this: Whatever happens is the best thing to happen to you! Have you ever had something bad happen that sucked at the time, but in hindsight you said it was the best thing that ever happened to you? I can think of a ton of examples right off the top of my head, and I'm sure you can too. But WHAT IF you thought what you think now, back then? What if when the event happened, you didn't see it as bad, but as the best thing that can happen to you? Things will work out! There is always a good reason and a right time for things. (:
ReplyDeleteAlso, based on how awful this company has treated you, I would stay away instead of fighting for that apartment (sue for damages if it's worth your time and money, but don't live there!), you do not want to be dealing with them in the future about anything, including work orders, renewing leases, monthly rent, etc. etc. If they're this bad now, they can only get worse. You'll find the perfect place, I'm sure, but this is a warning that this is not it!
ReplyDeleteI also sympathise. Whatever you do, do not compromise youre ideals for this guy. I do not know if it is legal, but there must be a leagal aid society lawyer that can tell you. You do not have to be poor to ask a question. Do not give the land lord any extra money either unless the leagal aid lawyer says it is ok
ReplyDeleteI'm so sorry you had to go through that :( I've had the worst luck with realtors and it's terrible here in Boston because they just try to take so much advantage of us students being young and inexperienced in realty. I hope it all works out for you! At least your outfit is adorable-- you handle stress in style!!
ReplyDeleteI agree with Guest's comment. Read your lease to see if any provision allows them to do this to you. Also, you should get things in writing anyway. Send the new apt manager an email with a letter attached. In your letter refer to your signed lease and the conversation you had with him yesterday. The letter doesn't have to be in legal terms, just a simple letter stating you have a signed lease and fully expect to move into the apt you agreed upon in the lease. Also send a hard copy of the letter by certified mail (notate "by certified mail" in the top corner). It's good to have things in writing to protect yourself and have proof that they are trying to breach the contract. Ask him to respond back and leave your email or physical address. Maybe if he has to respond back in writing he won't be so quick to screw you guys over.
ReplyDeleteGood luck!
by the way, the dress looks great on you!
Sorry for being a cynic, but I have to think that the "newly remodeled apartment" is a lemon. If they can get you to rent it and put you in a one-year lease, they're golden. (Hence their willingness to let the current tenants in "your" apartment extend their lease by one month, but not to give you a lease for one month in the other unit.) I don't know if it's a sucky part of the building, has lousy neighbors, or whether the remodeling is a veneer to cover a cockroach infestation or black mold.
ReplyDeleteAs inconvenient/difficult/frustrating as it is, RUN. Run far away. Don't live here. What looks like your dream living situation could easily turn into a nightmare. I suspect this landlord will be entirely unattentive and unhelpful when your toilet explodes at 2 a.m. or you have water pouring into your apartment from above you. They clearly have no use for contracts or contractual obligations.
Put your stuff in storage and find a much smaller place that will let you do a month-to-month while you look elsewhere. Or find some long-suffering friends who would let you move in with them temporarily in exchange for housework. Discomfort for a few months is LOADS better than a one-year lease nightmare.
Like others have said, consult an attorney who practices law in your state. Other things you might want to keep in mind: 1. Check the lease you signed. Does it have a paragraph that talks about what happens if the landlord fails to deliver possession of the premises? If so, tell the landlord in writing that he/she/it is in violation of that clause. Depending on the laws in your state, you might be entitled to damages such as having to pay for storage fees or a hotel room. 2. Is there a paragraph in the lease you signed that says that the prevailing party is entitled to attorneys' fees and costs in the event that either you or the landlord take action to enforce the lease? If so, an attorney may take your case on a contingency (i.e., he or she gets paid out of the settlement or judgment proceeds. 3. Alternatively, search online for a tenants' rights guide in your state, or a fair housing agency in your city. Fair housing deals more with discrimination issues, but maybe if you contact them they can refer you to tenant's rights resources. Hope this helps. Good luck to you!
ReplyDeleteFirst, try to find a tenant's union office near you. If you live near a university or college, there might be one there. They can answer your questions and help you draft a letter if, in fact, the signing of your lease means the landlords cannot extend the lease of the other tenant.
ReplyDeleteThat said, I would be VERY wary of this company. The fact that there's suddenly this wonderful new apartment that just happens to cost more open made me skeptical, but once you said they refuse to let you stay there for a month and then move into the apartment you want (the only fair thing to do here, really) then I really felt deep concern. I think these people are trying to scam you, no doubt. Maybe they already have another tenant lined up for the first apartment who will pay more than you agreed to pay, or maybe they just want to get the more expensive apartment rented to you and then raise the price of the first. Who knows. But honestly, as much as you may love the first apartment, these landlords are making it clear that they are not to be trusted.
I know this is stressful, but I suggest putting your energies into finding a new place. And who knows? Maybe if you tell the landlords the deal is off, they might backpeddle and compromise.
Sara, I'm so sorry to hear about your apartment let-down. I would totally not trust this new company though. They sound sheisty. Wish I could help you find something! Best of wishes for you, and good apartment-finding vibes your way!
ReplyDeleteI'm so sorry to read about this Sara. What a nightmare.
ReplyDeleteBut yeh, as you mentioned, there must be a reason why this happened. Perhaps there might be a better place on offer some day soon for you. I have my fingers crossed for you!
I son´t like the rain at all! That is why last year I decided to go some place in the world were rain was not common: Argentina. I got an apartment for rent in buenos aires and stayed there for 2 months. can you believe it only rained 7 days!! It is perfect to have a summer vacation!
ReplyDeleteKirsten