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Wildcatmom2020

student housing forced to move

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My son and his friend originally signed a lease for a shared dwelling (4bed/2bath).  The move in date arrived (August 19, 20160 and there was already another renter in the unit which WOULD HAVE been fine BUT....on their room mate matching, both my son and friend specified non-smoking, no party rooming, no alcohol in unit, tolerance to musical rehearsal hours.   The complex assured me it would fine and they would be sure to honor their requests.  As I said, move in came and the unit was filthy, there was a reek of cigarette smoke easily smelled BEFORE the door was opened.  Upon entering, there were cigarette butts in the apartment, a large bag of pot on the coffee table, a pot grinder, rolling papers, pipe and empty bags of synthetic bath salts in the drawer of the coffee table.  The book shelf in the common area was lined with liquor bottles and there were holes punched in walls.

My son is 17, his roommate is 18.  I called the issues to the managers attention and he asked that we return the next day for a new assignment and that he would evict the drug user.  Upon our return we were given keys to the same unit and nothing was different.  Again it was brought to the managers attention and this time I shared photos with him for proof of what we saw.  Once again he asked we give him more time to find accommodations for the kids.  They were put in an upgraded unit, 2/2 which is a good fit since they can control the environment since its just two bed two bath.  Today, my son called me today(11/02/2016)  to say the manager has informed the kids they have to move to a different unit or pay higher rent.  Upon being moved into this 2/2 in August 2016 no fewer than three meetings were scheduled by myself (my son is a minor), his roommate and the manager.  The manager failed to show up for any of the meetings nor did he call to cancel (I drive 90-120 minutes depending on traffic EACH WAY)  I am wondering if the kids have the legal right to remain in the unit they are now very settled into and continue to pay the same rent stated in our lease because of the long duration they have remained in this 2/2 unit.  They are both freshmen in college and it will be exceptionally disruptive to shift them into a unit where relationship of other renters in the larger unit the manager wants to move them to, they will need to pack, unpack, reorganize all during their first semester of college and during preparation for finals.  They have lived in this unit since August and the complex has accepted the rent amount with the unit number of the 2/2 listed on the memo of the checks.  I can not afford the higher rent the complex manager is demanding to allow them to remain in that unit.  It is not a case of supply and demand because there are other vacant units.  Do they have any legal right to remain in the 2/2 at the same rent level as listed in our lease?

Regards,

Wildcat Mom2020

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No, they don't have the legal right to remain in the new unit at the same price.  They were moved there as an accommodation because a unit of the type they contracted to occupy was not available on move-in day.  If a proper unit became available they will have to move to it.  Their legal rights are defined in the housing contract.

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I am curious why your first call was not to the police if there was evidence of illegal substances openly present in the unit. What does the lease say about the unit he is to occupy and the cost?

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10 hours ago, Wildcatmom2020 said:

My son and his friend originally signed a lease for a shared dwelling (4bed/2bath).

 

Only two of them in a four bedroom house/apartment?

 

 

10 hours ago, Wildcatmom2020 said:

The move in date arrived (August 19, 20160 and there was already another renter in the unit which WOULD HAVE been fine BUT....on their room mate matching, both my son and friend specified non-smoking, no party rooming, no alcohol in unit, tolerance to musical rehearsal hours.

 

Please explain what "on their room mate matching" means.  And why would it be "fine" that someone else was occupying the premises that your son and his friend leased?

 

 

10 hours ago, Wildcatmom2020 said:

I am wondering if the kids have the legal right to remain in the unit they are now very settled into and continue to pay the same rent stated in our lease because of the long duration they have remained in this 2/2 unit.

 

If they have such a right, it certainly isn't for that reason.  Whether they have such a right will depend on the terms of their lease and any modifications thereof.

 

 

10 hours ago, Wildcatmom2020 said:

They are both freshmen in college and it will be exceptionally disruptive to shift them into a unit where relationship of other renters in the larger unit the manager wants to move them to, they will need to pack, unpack, reorganize all during their first semester of college and during preparation for finals.

 

As 17/18 year old college freshman, I have a hard time believing packing and unpacking involves much more than a few boxes, a couple pieces of furniture, and a bed for each of them.  It probably could be handled in a few hours on a weekend, especially if they handle it like everyone else:  by buying some pizza for a handful of friends to help.

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