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factorypond · Jan 4, 2008, 08:38 AM

Hi, I live in brooklyn I signed a lease on the 4th of October and the broker said I would be prorated the following month. The reason I couldn't move in on the first is that the apartment wasn't ready. Even the day I signed the lease there were workers in there fixing the bathroom and kitchen.

It is January and the management company says they don't do that and I owe them that rent for the first three days and the building manager denies that the apartment wasn't ready.

Actually at first they said they would prorate me. That was the first phone call. The second phone call they said they only do that if I visit their home office which is difficult to get to and only if I paid several months in advance before I had actually moved in. the third phone call she said they don't prorate, then she said they would let me hold my money for 4 days and then I could send them rent. She was telling me that prorating is when the tenant can hold their money until the day they signed the lease and then send it in, the whole rent (without subtracting money)

Are they jerking me around? Do I have a leg to stand on to get back my money for those 3 days? If so do I want to renew a lease with a management company that would so obviously try to take advantage of me? I know its only 3 days but I feel like the principle of the thing is getting to me.

I'd appreciate any advice.

Fr_Chuck · Jan 4, 2008, 08:52 AM

What exactly does the lease say, what has the broker said? The broker would appear to be liable for the loss if the management company will not agree.

ScottGem · Jan 4, 2008, 09:24 AM

Without anything in writing or other proof that the apartment was not ready until the fourth, you are not in a good position. Sounds like the mgmt company doesn't want to go through the paperwork.

If you can prove that you were not allowed to move in until the 4th, then I would pay the prorated amount and let THEM take you to court for the difference.