Signed lease for new apt - old tenant won't leave

Signed lease for new apt - old tenant won't leave by Angie (California) on May 24, 2017 @19:15

We recently signed a lease in our apartment complex to move to another unit this coming June.

The current tenant in that unit missed their deadline to renew. It was then advertised on the apartment's website that it’s available next month, and we signed up for it.

We found out this morning that the current tenant does not intend to move and intends to renew contract, even though they missed the deadline. This tenant, according to the manager, bypassed the leasing office and went straight to corporate, and offered them a higher amount. Their main point is that they will not move.

According to the manager, corporate agreed with these tenants, with the reason that evicting them would be more costly. They did this without informing us first. They are now trying to offer us another unit and possibly have room for negotiations with the rent. Unfortunately, we do not like what’s available. We want to move to the unit on our lease.

I’d like to know the legality of the corporate and our rights. I am upset with what’s going on, I’ve made moving arrangements, and frankly, it feels like what the current tenant did (offering higher amount) is some sort of bribe.

[ Reply ] [ Return to forum ]

Re: Signed lease for new apt - old tenant won't leave by Garry on May 24, 2017 @19:52	[ Reply ]

My opinion is, is that you probably have a good case against the complex. BUT, you will probably need to take the complex to court. Are you ready, willing,, and able to do that ? It will take YOUR time and money to do that. It could mean 30-60 days out, to get into court, several hundred $, and maybe time off work to go to court-----with still no guarantee of winning. I would suggest negotiating with the management for another unit at a cheaper rent, or stay where you are at, at a cheaper rent. Right now, you have negotiating power. You will lose that power in the next couple of weeks. The other T screwed up, and now he is paying a higher rent because of it. Use that screw-up,to your advantage, to get a lower rent for yourselves. If you move to another unit, you can still keep your moving arrangements, just to a different unit. Remember, there are always going to be disappointments in life, and we sometimes don't always get what we want.

Re: Signed lease for new apt - old tenant won't leave

Re: Signed lease for new apt - old tenant won't leave by Anonymous on May 24, 2017 @20:03	[ Reply ]

first question is do have have in your possession a countersigned lease (as accepted ) from the property owner or authorized agent / manager. Leases have to be signed by both LL and T to be a binding contract.

Re: Signed lease for new apt - old tenant won't leave

Re: Signed lease for new apt - old tenant won't leave by Anonymous on May 24, 2017 @20:11	[ Reply ]

You should contact a local tenant association or even file a discrimination complaint with a Fair Housing Association. Either one should be able to help you. Basically, you have the right to sue both the landlord/management and the tenant that failed to move.

Re: Signed lease for new apt - old tenant won't leave

Re: Signed lease for new apt - old tenant won't leave by Anonymous on May 24, 2017 @21:45	[ Reply ]

Is there any clause in the lease you signed about what happens if either party doesn't go through with the agreement?

Re: Signed lease for new apt - old tenant won't leave

Re: Signed lease for new apt - old tenant won't leave by lamac66 (ga) on May 25, 2017 @06:40	[ Reply ]

I agree with the poster that says to file a complaint with fair housing. I dont know if you are part of a protected class. But filing will get the complex/management attention. They will then be encouraged to respond. It's totally wrong how you were treated based on the info you provided.

Re: Signed lease for new apt - old tenant won't leave by Anonymous on May 25, 2017 @18:24	[ Reply ]

Thank you all for your answers and suggestions. I spoke to corporate today, and according to them, they are not really breaking the lease that we signed because it states that the commencing date is June 21, and therefore, we don't have possession of the unit until then. In other words, it doesn't matter if we signed it or not, cuz it's not binding until June 21. Is this true? Are they right? I don't know. But I am very angry because the current tenants are being accommodated instead of us for their mistake. And the corporate should not have advertised that the unit is available or at least put a clause in the contract that it could change. We already made moving arrangements, we were blindsided by this, and the manager did say to us yesterday, that corporate would rather not evict them because it'll cost more for them. So now they're saying the contract is kinda temporary because we don't have possession of the unit yet? Please advise. Do I have legal standing? Should I consult a lawyer and fight?

Re: Signed lease for new apt - old tenant won't leave

Signed lease for new apt - old tenant won't leave - Landlord Forum thread 352394