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    GlenDell's Avatar
    GlenDell Posts: 5, Reputation: 1
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    #1

    Jan 9, 2009, 04:25 PM
    Apartment Rental
    What legal recourse do I have after I have been approved to lease an apartment and then two days before I am to move in the Property Manager changes their mind and says no for no reason. (All my documentation, credit report, etc. was reviewed and approved).:mad:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 9, 2009, 10:35 PM

    What costs have you incurred because of this change, you can sue for losses, rental trucks deposits, utility deposits and the such
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 10, 2009, 07:29 AM
    Quote Originally Posted by Fr_Chuck View Post
    what costs have you incurred because of this change, you can sue for losses, rental trucks deposits, utility deposits and the such


    And I will add if the reason you weren't accepted after being guaranteed the apartment - and I would assume you have paid the deposit and rent and signed a lease - is somehow related to race/gender you could have ground for discrimination.

    If there was no written agreement, no proof of payment (rent/security) the argument will be that there was no contract to rent between you, only a discussion.

    I also realized you sued a former landlord (and I realize you won) - if this surfaced it very well could have changed the mind of this potential landlord. I'm not saying it's fair; I'm saying it happens.

    What is the situation?
    GlenDell's Avatar
    GlenDell Posts: 5, Reputation: 1
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    #4

    Jan 12, 2009, 11:43 AM

    Me and the property manager verbally agreed on 12/10/08 that my move in date would be 1/9/09 after all my documentation had been reviewed and approved. I was told to come in a week before my move in date to sign lease and leave my security deposit. It was not until two days before my move in date that I could reach the property manager (after several attempts - she was avoiding me) that she finally told me she was sorry, but I could not move in - the only explanation she gave was a vague mention there was something wrong in my credit report (even though it had been reviewed and approved in December) .
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 12, 2009, 01:26 PM
    Quote Originally Posted by GlenDell View Post
    Me and the property manager verbally agreed on 12/10/08 that my move in date would be 1/9/09 after all my documentation had been reviewed and approved. I was told to come in a week before my move in date to sign lease and leave my security deposit. It was not until two days before my move in date that I could reach the property manager (after several attempts - she was avoiding me) that she finally told me she was sorry, but I could not move in - the only explanation she gave was a vague mention there was something wrong in my credit report (even though it had been reviewed and approved in December) .


    I see no contract between the two of you. No question that the property manager behaved irresponsibly but I don't see a breach of contract here.

    I think the argument from the other side is that when there was no contract for (approximately) 30 days you should not have made arrangements to move in.

    If I had the time and energy would go to Small Claims Court for any extra expenses this cost you - not just the cost of the one move because you had to move anyway.

    I just don't see that you'll win.
    GlenDell's Avatar
    GlenDell Posts: 5, Reputation: 1
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    #6

    Jan 12, 2009, 02:55 PM

    That's where the problem comes in - through the month of December I had repeated contact with the property manager and she never gave any indication that I would not be able to move in on Jan. 9th. She knew I was making preparations to move in on that date. She became evasive only a few days before I was to move in and was trying to finalize our agreement. I believe she strung me along up until the last minute and now I am homeless.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jan 12, 2009, 03:06 PM
    Quote Originally Posted by GlenDell View Post
    That's where the problem comes in - thru the month of December I had repeated contact with the property manager and she never gave any indication that I would not be able to move in on Jan. 9th. She knew I was making preparations to move in on that date. She became evasive only a few days before I was to move in and was trying to finalize our agreement. I believe she strung me along up until the last minute and now I am homeless.


    That may very well be - and probably is - but I'm sure you know now that until you had a signed lease you had no agreement.

    So make a list of your expenses and go to Small Claims Court - you just might win!
    GlenDell's Avatar
    GlenDell Posts: 5, Reputation: 1
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    #8

    Jan 12, 2009, 04:08 PM

    Thank you for your input - verbal agreements do hold up in court - and that's the least they can do is pay my expenses for leading me on.

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