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

Re: Signed lease for new apt - old tenant won't leave by Angie (California) on May 25, 2017 @18:29

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?

[ Reply ] [ Return to forum ]

Re: Signed lease for new apt - old tenant won't leave by Garry on May 25, 2017 @19:44	[ Reply ]

As I said in my first sentence to you, you probably have a good case against "corporate". Others have said that also. But it's going to be on your time, and your dime, unless or until you win in court. Yes , you should contact a lawyer, because as soon as you file in court, the complex will pull out their own lawyer to fight you. It does not matter how "angry" you are, or how you "feel" about being screwed-over. In a court of law, you will need PROOF to win your case. Even though this would be only a small claims court case,it could still mean dates, documents, possible text or phone records, even possible subpoenas of documents or persons. I'm just sayin, it's not going to easy to win. So, definitely contact a lawyer, before you spend any money.

Re: Signed lease for new apt - old tenant won't leave - Landlord Forum thread 352428