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legalboob
Feb 10, 2007, 12:40 PM
This Question Is For The State Of Kansas. My Friend Looked At An Apartment And She And The Landlord Agreed That She Would Be Able To Rent The Apartment. She Gave The Deposit They Signed A Lease And He Gave Her The Keys But 4 Days Later Someone Called Her Back And Told Her That Other Tenants In The Building Are Making At Least 25-35 Dollars An Hour And That She Only Made 9 Dollars An Hour And They Didn't Think She Could Handle The Payments. Is There Anything She Can Do About The Situation.

excon
Feb 10, 2007, 01:25 PM
Hello legal:

If she signed the lease, yes there is. A lease is a binding agreement that one just can't decide to get out of. She should write the landlord a letter, sent certified return receipt requested. In the letter she should tell the landlord that she is holding them to their contract and that she'll be moving in on the date she said she would.

She should also say, "If management would like to buy her lease she'll entertain their offer". That means she's asking for money to let them out of the lease. If they don't offer her any, she should move right in.

excon

landlord advocate
Feb 10, 2007, 01:58 PM
This Question Is For The State Of Kansas. My Friend Looked At An Apartment And She And The Landlord Agreed That She Would Be Able To Rent The Apartment. She Gave The Deposit They Signed A Lease And He Gave Her The Keys But 4 Days Later Someone Called Her Back And Told Her That Other Tenants In The Building Are Making At Least 25-35 Dollars An Hour And That She Only Made 9 Dollars An Hour And They Didn't Think She Could Handle The Payments. Is There Anything She Can Do About The Situation.
It sounds as though the application was approved without ever being reviewed by a decision maker. Once the application was reviewed, the tenant didn't meet the financial equation. The tenant has a signed lease and is a tenant, whether management wants it or not. I have an idea that there is something we don't know regarding the landlord. The landlord has made an error in renting the apartment and is trying to get out of it. I love the suggestion of a buy out! What a great idea!! If they don't want to pay all expenses and then some, I would move in. Pay the rent on time or early... if they want the apartment back for other reasons they are going to be looking for an excuse.

Fr_Chuck
Feb 10, 2007, 06:04 PM
They have to allow her to move in, they made a legal contract that can not be gotten out of

** unless the paperwork she signed has a clause that allows them.