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Old 01-08-2011, 11:29 AM
 
Location: Kailua Kona, HI
3,199 posts, read 13,343,290 times
Reputation: 3420

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Look at it this way. While the apartment manager may personally understand your situation, he is obliged to do his job which is to look out for the best interests of the owner. He has a responsibility to the owner, not to you. The only obligation to tenants is to treat them all in the same way, fairly under the law and according to the company's policy as long as that policy is within the law.

Now, the thing for you to do is come to some understanding with this company about your situation. Ask them to agree to some compromise; get it in writing and keep your end of the bargain. This is your problem, not theirs. This is not good or bad, fair or unfair, it is simply the reality of the situation. No one owes you anything except fair and legal treatment.
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Old 01-09-2011, 02:27 AM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 22,957,195 times
Reputation: 10355
My advice:

Exhaust every possible method to resolve this amicably, and DOCUMENT EVERYTHING. Judges absolutely hate plaintiffs who force litigation that could have been avoided. If you can provide clear proof that on multiple occasions you tried to reach a compromise, you will place the landlord in a very unfavorable light should this go to small claims court.

Secondly, keep an eye on (and again, document) the landlord's efforts to rent the apartment out after you live. The flip side to his legal argument is that he's required to make a legitimate effort to replace you as a tenant. Failure to do so means he could lose his claim to your rent. If he has two units that are sitting unoccupied it's pretty likely that he is NOT doing this.
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Old 01-09-2011, 07:15 PM
 
Location: So Cal
10,009 posts, read 9,432,300 times
Reputation: 10402
Quote:
Originally Posted by cmc5686 View Post
But I guess what I am saying is that he would be more likely to strike a deal if he didn't have 2 other tenants walk out on him. And he told me when I originally signed my lease that he would work with me if I had to break my lease, etc. Now I do not feel there isn't any negotiation in regards to me giving him ample notice of my move. It isn't like i'm moving to another location in the city, I'm moving 5 hours away.

I feel like his lack of investment sense has screwed me. And just because he didn't account for tenants moving in and out when he invested in the property shouldn't be held against me. I feel that if those tenants were still there, he would be working with me to get me out of my lease.
You signed a lease (contract). No different than the landlord coming to you and asking you to move out because he found someone who wanted your apartment and is willing to pay more than you are. The lease is to protect both parties. While I certainly understand your predicament, the landlord is running a business.
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