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Latitude 360 | My apartment lease starts on the 1st management says I cant move in before 9th is there anything I could do? |
Additional Details
Yes it is as they say because of someone not vacating the apartment on expected time.
I told them I have to move in on the 1st and they are violating the lease by not cooperating.
They have apologized and promised me the apartment on the first. I am hoping for the best. Is there anything else I could do to make sure everything goes fine?
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Bobcat9
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Chances are the old tenant is in the process of moving out that's why the apt you are moving into told you that you can't move in until the 9th day or beyond that. That's weird that the management told you that lease begins on the 1st when you haven't even moved in yet. You might want to clarify that with the same person or ask another person when that person isn't in. When I was in the process of moving from my old Apt to my new and current Apt I was told that my lease will begin the day I move in, which was Sept 12th, 2004. So yeah, get that lease clarified cause it sure doesn't make sense to me. But I pay monthly rent fees every 1st of every month. If not, the 3rd day the latest of every month. I think most Apt accepts rent every beginning of each month. |
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monroe1172002
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your lease may start on the first but they shouldn't charge you a full months rent. tell them to subtract those nine days off the rent or you will take further action if you have to. |
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Paula M
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Get a new apartment immediately. Send him formal notice that he has violated the terms of the lease and that you expect ALL your deposits back w/ 10 days......You can immediately back this up by going down to your local small claims and request a hearing.
Judges hate landlords and love to fine them and provide the tenant "double" damages whenever possible. but you have to pursue your rights....Google your state and landlord/tenant laws and you will see that he has committed a "material noncompliance" violation.
If this is how your lease starts, imagine the problems you will encounter three months from now. |
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Solutions
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Tell them they are breaking the lease and you will call your lawyer. You could also ask to prorate you first months rent. Tell them you have no place to go and your old lease ends a week before you can move in. |
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BoomChikkaBoom
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If you want, you can get out of the lease.
Or you can get credit for the 9 days.
Why can't you move in before the 9th? |
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Micki
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If you did not make whatever payment they are requiring for a move in fee....then..before you do....ask them to prorate the deposit to reflect the 8 days you WILL NOT be living there. So they will have to give you a per diem rate (how much it costs per day) and then deduct that 8 times to give you a new deposit amount. If you have already paid them...call them back and request that they revise the rental contract and give you that prorated amount. You may not get your money back "in hand" but you can negotiate that they deduct it from your October rent or something to that effect. |
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AdamBeaz
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You absolutely can move in on the 1st. If they dont let you then pro-rate your next months rent and deduct 9 days of rent from it.
You have every right to withold that money and you will win in court if you are sued. |
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MC
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They owe you a 9 day rebate...... |
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rab
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get some legal advice |
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KiTtYcAt7
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they owe you thoses 9 days, they need to pay that to you they need to make some arragement since they agreed on contract for you to move in on the first contact a lawyer, I'm sure you will win. they will need to accomodate you at a hotel for those nine days since you need to vacate your old apartment |
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Jill&Justin
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It's possible they are waiting for the old tenant to move out-usually rent is due on the first but there is a 10 day grace period-so that overlaps your time. I would definitely speak up. Tell them you will be deducting 9 days worth of rent off your payment. |
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