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Old 06-28-2013, 10:03 AM
 
1 posts, read 1,089 times
Reputation: 10

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Hi just want to know if anyone knows legal standing...
My daughter in college signed a lease and we guaranteed it
. The lease is for August 10 thru July 27 giving the landlord two weeks to "turn over " the apartment. We knew she would need to move in early. The leasing office said no problem. On the lease we wrote in "early move in approved, date TBD". I initialed this faxed it to the leasing office then my daughter went in, initialed it and submitted the lease (we live 1000 miles from her school). She later went in and told them the move in would be August 5th. They put a note in her file and said that would be fine (verbally).
An email was sent to all new tenants that move in date was the 10th. Her friend was told that they could not uphold early move ins because the corporate office would not approve this.

Here is the glitch, we were smart enough to write in and initial, unfortunately when I instructed my daughter to make sure the change was initialed she did not realize that I wanted them to initial it too. The manager did sign the end of the lease WITH the written changes. Are the changes legal or can they say no they didn't initial the actual change.
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Old 06-28-2013, 10:14 AM
 
Location: Silicon Valley
16,596 posts, read 20,344,873 times
Reputation: 30516
First, I would say to call them up and see if you can get the early move-in, as they originally agreed.

If management didn't initial the changes to the lease, it's not valid, in my opinion.

Also, check the lease for what it says happens if the landlord can't provide the unit on the agreed move-in date. My agreement has a clause that says the lease can just be voided, if I can't provide the unit as agreed. My point being that even if the changes were legal, they may have an "out" per this clause.

I think your best bet is to call and beg, nicely but firmly, because you were depending on them letting her move in early. It may end up not being a problem.
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Old 06-28-2013, 12:57 PM
 
14,344 posts, read 16,229,671 times
Reputation: 12865
if you wanted to lease to start earlier, you should have changed the lease start date. 'Move in early approved' has no legal standing. Why? Because it has no date attached and the lease start date is Aug 10.

The fact that the prop mgr didn't sign makes it worse. Even if they signed, the wording is too general "Move in early approved".

Now, maybe you can nicely talk to someone and try to negotiate getting in a few days early. aAd get any agreements in writing. But who knows if they will allow.

But they don't have to allow it since the official lease start date is Aug 10. They key issue here is talking to someone that has the power to say yes or no. Most are probably just workers that don't have that power or knowledge of what is going on with the unit before the Lease Start Date.

It's possible that carpet cleaning and painting and other maintenance will be scheduled during that time. They might or might not have this all scheduled yet and might not know if/when the apartment will be ready. Would be good to talk to someone 'in the know' about any planned maintenance/cleanup on the units. It's possible the maintenance department has been given a 2 week period to do whatever necessary to all the units. Maybe they have massive maintenance going on and workers in and out of many of the units during this time. Who knows.
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Old 06-29-2013, 09:50 AM
 
Location: North Idaho
20,940 posts, read 25,629,374 times
Reputation: 39194
For pete's sake, call the office. An email went out to ALL tenants stating no early move in. I suggest that you call and verify that you got the early move-in approved.

You can't expect the management to send out an email to ALL new tenants saying, no early move-in, except for dmloos's daughter.
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Old 06-29-2013, 06:16 PM
 
Location: Kailua Kona, HI
3,199 posts, read 10,941,540 times
Reputation: 3378
she needs to arrange for some temporary accomodations for the 5 days, like a motel or Budget Suites, something like that. If she can't move in till the 10th, she can't move in till the 10th! Plan B, you had one, right?
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