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k235957

Tenant Options?

6 posts in this topic

My husband and I signed a lease November 17th (pro rated). The leasing agent assigned to us from the start was having issues due to the fact she was out of town during our move in days, which resolved in us moving in before the walk through. We agreed to that until we noticed the water wasn't on in the home and it was supposed to be, I then explained to her we would not be moving in because we have 3 children and the water was suppose to be on per move in days. She asked me if I could have my husband go outside to cut the lock box to turn it on outside, in which I told her we WOULD not be doing that and it was her responsibility to make sure it had already been turned on. She called me that night reassuring me she would have a "friend" come do it so we could move in. The next day she texted me letting me know she had done that. That is just the beginning of the craziness with this company, in June we received a letter from a law firm stating we had 30 days to leave the premises. In which the HOA and leasing agent contacted me with in the following 2 weeks from that letting me know that I needed to find another home, and if I do so with there company I would be compensated moving costs along with my prorated rent if needed. In that case I agreed and rushed to find something and did, I signed a termination lease and a NEW lease for another home through them in July. Never to hear from them on any more details. . . Finally on September 1st (18 days before my new move in date and lease termination for this home) I went to pay my rent which was NOT pro rated and no fees had been removed for my moving costs (have the pro rated rent). I called and the company and they were to get back to me on the situation. In which they never did and I had to repeatedly try to get a hold of someone via email, text, and phone calls. When I did finally speak to someone they said that they would be fixing the rent issues and not to pay until all was said and done. I call my leasing agent to do a walk through on the new home on the 15th. Do the walk through home is to be ready Tuesday the 19th and a lot of things still needed to be finished in the home. I received a text Sunday night stating that she "ensures" the home will be ready on Tuesday for us. I then get a call at 830 last night saying we can't move in for another 4 days due to the home not being ready yet! I need to get away from these people, I need to know if since they broke the lease by not allowing us to move in on our moving date ( and my husband taking off work and u haul, and other moving expenses) if I can somehow get out of this with out getting myself in legal trouble. I am trying to do things the right way but this company has clearly been screwing us from the beginning. . . . 

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16 minutes ago, k235957 said:

That is just the beginning of the craziness with this company

 

I don't really see what you described regarding the water as "craziness."  Not even close.  While there may have been a bit of a snafu, the water ultimately got turned on, so what's the big deal?

 

 

17 minutes ago, k235957 said:

in June we received a letter from a law firm stating we had 30 days to leave the premises.

 

Because...???

 

 

19 minutes ago, k235957 said:

I then get a call at 830 last night saying we can't move in for another 4 days due to the home not being ready yet! I need to get away from these people

 

Either you're not describing things very well or you're grossly overreacting.

 

 

20 minutes ago, k235957 said:

I need to know if since they broke the lease by not allowing us to move in on our moving date ( and my husband taking off work and u haul, and other moving expenses) if I can somehow get out of this with out getting myself in legal trouble.

 

Even if the 4 day delay to have the home ready constitutes a breach of contract, it's not something that would allow you to terminate or rescind the lease.  At most, you'll be entitled to compensation for any expenses incurred as a result of the delay.

 

 

21 minutes ago, k235957 said:

I am trying to do things the right way but this company has clearly been screwing us from the beginning

 

Here's what you've described:  some confusion with having the water turned on before you moved in, a mutual agreement for you to terminate your first lease early and move to a different place with a new lease, and a short delay having the new place ready.  None of that can reasonably be described as "screwing [you] from the beginning."

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2 hours ago, pg1067 said:

 

 

I don't really see what you described regarding the water as "craziness."  Not even close.  While there may have been a bit of a snafu, the water ultimately got turned on, so what's the big deal?

 The big deal is the leasing agent wanted us to illegally cut a lock off the water meter and when we refused she had someone else do it and I would imagine that he did not have the say say from the city to do such thing  

 

 

 

Because...???

   The first house that we are still currently in is being illegally rented out that was why we received the letter to vacate the premises 

 

 

Either you're not describing things very well or you're grossly overreacting.

  How is trying to get away from a company that clearly does shady stuff " grossly overreacting" because we have three kids and can't afford the possibility of more further situation to happen jeopardizing where my kids are going to put there head at night the only person that would agree with you would be a deadbeat parent 

 

 

 

Even if the 4 day delay to have the home ready constitutes a breach of contract, it's not something that would allow you to terminate or rescind the lease.  At most, you'll be entitled to compensation for any expenses incurred as a result of the delay.

   When we sign the lease it was to live in a house from set date to set date if there's no place to move into that would mean they did not hold up there end of the agreement the contract is breached giving us the opportunity to terminate the lease as landlord did not keep there side of contract

 

 

Here's what you've described:  some confusion with having the water turned on before you moved in, a mutual agreement for you to terminate your first lease early and move to a different place with a new lease, and a short delay having the new place ready.  None of that can reasonably be described as "screwing [you] from the beginning." 

The fact that the old tenants moved out on the 10th gave them 8 days to have the house ready for us to move in on the 19th thus giving them more than enough time to get the place together if there's any other comments I would be glad to hear them thanks

 

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In any future responses, please don't place your additional comments in the same quote box as the text you are quoting.  It makes it difficult to tell what new information you are adding.

 

 

3 hours ago, k235957 said:

When we sign the lease it was to live in a house from set date to set date if there's no place to move into that would mean they did not hold up there end of the agreement the contract is breached giving us the opportunity to terminate the lease as landlord did not keep there side of contract

 

If you've got a law degree and understand these legal issues, why did you bother posting here?  You're obviously free to believe me or not and act accordingly, but I've already told you that this breach (if it is a breach) does not constitute a material breach that would allow rescission or termination.

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I don't but sense you have one then you would have or could easily get the law that clearly states that even if the landlord fails to uphold there end of the lease you don't have the right to terminate lease

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Or also the law that clearly states the landlord can change the move in date the night before move in and your not allowed to terminate lease if you could find that then you would save me a lot of headache I would greatly appreciate it 

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