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Old 10-14-2013, 06:27 PM
 
5 posts, read 5,976 times
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My husband and I recently found a house for rent. On Friday (our move in day) we met with the Realtor to sign the lease and get the keys. When we were presented with the lease we noticed that the amount requested for move in, was more than the amount we had verbally agreed upon. I pointed it out and she scratched out the amounts and wrote in what we agreed upon. We all initialed by the changes, signed the rest of the papers, and were given the keys. She left, but returned 3 hours later saying that the property owner refused to sign and that he wanted the funds that were originally listed on the lease, because she had told him that he would get more money when he leased the property. She then took back the keys, put the security deposit on the counter informed us that we had to leave and said that unless we gave them more money the owner wont sign and we don't have a lease. I am wondering if we do indeed have a valid contract because she accepted and signed off on the terms of the lease that we signed. What are our options in this situation? It seems as though the issue should be between the owner and his property manager. Thanks in advance for any help!
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Old 10-14-2013, 06:29 PM
 
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We are in CA
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Old 10-14-2013, 06:36 PM
 
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Unfortunately, I don't think you are going to have much recourse here. Unless there is something about CA landlord/tenant law that I don't know, verbal commitments are not enforceable. The lease is between you and the owner, not you and the agent, so her signature likely means nothing. It's definitely shady, but if he's going to be like that before you even move in what's he going to be like when you are living there? If I were you, I'd consider myself fortunate to not be locked in with this guy and not out any money, then find another place ASAP.

Good luck!

Last edited by brian571; 10-14-2013 at 06:45 PM..
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Old 10-14-2013, 06:50 PM
 
639 posts, read 1,280,036 times
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It sounds like the realtor was trying a bait-and-switch scam where she waits until you are committed, then raises the price when it's too late for you to find another place to rent. I would place the blame on her, not the owner.
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Old 10-14-2013, 07:20 PM
 
1,265 posts, read 2,392,296 times
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No, you don't have a valid contract. The owner refused to sign, so he rejected your terms and did not lease the home to you. Sorry.

Home you find another place right away! Good luck.
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Old 10-14-2013, 07:22 PM
 
Location: Back in Santa Clara County - Yay!
13,687 posts, read 16,388,313 times
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If she's his agent, and she signed the lease, then it's enforceable. An agent with the power to represent the owner, is as good as the owner himself signing.

Don't know if that's your situation.

If not, if you're out any money because of this, sue for your damages.
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Old 10-14-2013, 07:27 PM
 
Location: The Triad (NC)
23,681 posts, read 50,598,140 times
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Quote:
Originally Posted by Msmarie07 View Post
My husband and I recently found a house for rent.

On Friday (our move in day) we met with the Realtor to sign the lease and get the keys.
When we were presented with the lease...
We all initialed by the changes, signed the rest of the papers, and were given the keys.
At this point you had paid money and received the keys.
With absolutely NOTHING on paper... you still had a contract.

Quote:
She left, but returned 3 hours later saying that the property owner refused to sign
She then took back the keys, put the security deposit on the counter...
And you let them do that. You shouldn't have.

Quote:
What are our options in this situation?
At this point your options are few.
Looking for another place would probably be the most expedient option.

As to what rights you may have (a different matter) you sh/could see a housing agency lawyer.
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Old 10-14-2013, 08:44 PM
 
Location: Back in Santa Clara County - Yay!
13,687 posts, read 16,388,313 times
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I just checked to see what zip code you are in. You can contact these guys for advice:

Housing Authority of the County of Riverside > Tenant > When tenant and landlord disagree - What to do
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Old 10-14-2013, 08:51 PM
 
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Quote:
Originally Posted by NoMoreSnowForMe View Post
I just checked to see what zip code you are in. You can contact these guys for advice:

Housing Authority of the County of Riverside > Tenant > When tenant and landlord disagree - What to do
Thank you! I will contact them tomorrow.

Does anyone know if it is legal to ask for 2x rent for deposit AS WELL AS Prorated rent for October and the full month of November. That is what she had listed on the lease before we disputed it and what the owner expected to get.
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Old 10-14-2013, 08:59 PM
 
Location: The Triad (NC)
23,681 posts, read 50,598,140 times
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Quote:
Originally Posted by Msmarie07 View Post
Does anyone know if it is legal to ask for 2x rent for deposit...
Probably... it's not uncommon.

Quote:
AS WELL AS Prorated rent for October and the full month of November.
As well as a full months rent in advance of moving in.
Prorating for the 1/2 month would come later... either next month or maybe even not at all (it's petty).
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