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Hi everyone, new to the forum and glad I found it!
I have an issue. Me and my girlfriend were renting an apartment and when we saw it they were fixing it. This was last month. We had to sign lease for association to approve us. Anyways we were due to move in September 1st and when we went to see it, it was horrible! They did not fix anything.. The ac was not cooling, there was no ac filter, no closet doors, unfinished painted cabinets, refrigerator not working, carpet stains, cracked toilet, no light switch covers, etc It actually looked worse than before! Anyways landlord stated they wanted security deposit to fix, but we did not want to move in period.. So we told realtor to let us know when they fix everything so it is move in ready and we didn't hear back, I had to call realtor couple days ago and he stated they didn't fix anything to just find something else. But we want to close the lease, so we created a letter to close lease and have landlord sign it, but landlord was very rude and stated they will not sign something that is not true. We stated we have pictures, etc and they said they were glad we didn't move in but as of this date lease is terminated. This was through email which is stated in lease. Now today they email back stating oh we heard you wanted to cancel lease. Read page 7 of the lease. You owe us 1900. Now isn't technically lease terminated as they stated in previous days email that it was terminated?
Landlord even stated they would block me after that email and now out of no where they are replying that we owe them this much to cancel lease. Can they do this?! Any advice is greatly appreciated! Like I said this is our first time, thanks
WHY would you sign a lease before doing a final walk through? Big no no. You said you had to so they could approve you but id check how true that really is.
Did you exchange any money at all? Meaning give a deposit to hold the apartment? Or just sign a lease? Were keys exchanged?
All these things can effect what happens next.
The landlord saying he needed the deposit to fix...why didnt he use the LAST tenants deposit to fix it? Then what was he going to use if you messed anything up? Sounds fishy. Kind of sounds like they just want money and dont care about much else. ETA: Generally when you pay a deposit, the landlord holds onto it until you move out, then does a walk through to see if there are any repairs. They then use part of that money to fix the issues and give you the rest...so again what did he do with the last tenants and what was he going to do with yours after move out? I BET claim you caused tons of damage and "keep it" and really he already spent it!
I'm confused. Did you actually move in? Did you give a security deposit? Or a hold deposit? If the place is not move in ready and your lease start date has passed and LL did not have the property ready to move in you can terminate lease.
Technically the lease is ended since they agreed to end lease. If he wants his 1900 bucks let him take you to court for it.
I've never heard of having to sign a lease in order to get approval.
And why does LL need YOUR deposit to fix the place. What happens if something else breaks that's his responsibility? Ask you to pay for it?
Thanks for quick replies guys, I been worrying about this issue.
No money was exchanged at all. We never received key either. I never ended up giving the security because I thought it was very fishy at the end. For instance, Sept 1, when we were meeting for final inspection, Realtor was in the apartment trying to fix things (I assume) when he stated he was not there yet. (we got there early and caught him and he was very nervous).
Also we had to sign the lease because association needed it for approval, I hear that is very strange as well, but from what I hear the association is very strict and they required the lease before running the background checks, etc. We just signed the lease beginning of August and we saw it but they were working on it, supposedly. A month later it is the same no repairs, just walls painted. Landlords husband stated they are minor things and that we were being picky and that they needed security deposit to make sure we move in. I thought that was fishy as well as they should be fixing it either way if another tenant is moving in. I didn't want to give the security because I didn't trust them. They claimed they would fix everything the next day, but I didn't buy it. Also when exchanging emails with landlord, she stated that she hasn't personally seen apartment, but husband saw it when he traveled. I assume they are not from the same state.
Landlord stated through email lease terminated as of September 15 and that she no longer wants to hear from us and blocks us through email. Then today sends an email stating if we want to cancel we have to pay 1900 to reread the lease as that was the contract. But I'm thinking didn't she already terminate it via email? Is that still the same? It was also not move in ready, and everything was fishy, but that last email was pretty threatening.
They don't background checks based on the information in the lease, they use the information from your 'rental application'. Tell this lady to sue you if she wants her $1900 so badly.
Agree with everyone else. Do NOT give in and give them anything. I see a lot of people on here get intimidated by LLs and hand over money that they shouldn't have. If they want it so bad, let them take you to court for it (where I seriously doubt they will get anything based on the info you've provided). Keep all your emails, photos, everything you have.
I would remind this woman of the email she sent you on the 15th stating the lease was terminated and they she wanted no further contact from you. It's not your fault they didn't live up to their end of the deal and you decided not to rent from them.
Yea I believe they are trying to scare, should I even respond to this woman? She just sent so many emails after she stated she would block email... As if she knew she made a mistake terminating lease by email. Now she sent another new email stating that to cancel the lease read page 7 of lease, which states the fee and she forwarded it to the husband. Where before it was just forwarded to me and the realtor.
She has no case after she terminated it by email right? The page 7 of the lease, which is the early termination fee of 1900. When one terminates lease does that waive that fee? We also never got the key to actually move in and paid nothing but the application fee. Can't we sue too, for being without a place and her threatening emails forcing us to pay? I have a feeling she will keep emailing and I would have to be the one to block her. I would rather not, but just from what was stated, what you guys think?
Yeah, if she sues you, I would countersue for them not having the place ready as per the contract. They are the ones who defaulted, rather than you. Anything can happen in court, of course, but I can't imagine you losing this one. Especially since they emailed you and said the lease was terminated. Keep your photos, you'll need them if you go to court.
Personally, my guess is that they don't have the money to do the repairs and were going to use your security deposit money for that. Whether that is legal depends on the laws in your state. In my state, it wouldn't be illegal, but I find it unethical. Now that you have backed out, they are hoping to get your $1900 termination fee to do the repairs with.
I'm happy for you that you didn't give them any money.
Don't worry a shady LL like that will most likely not sue you and how will the LL find you or did you fill out an application with your current address and SSN?
The LL will have an almost impossible case in court.
Your realtor hasn't been the best person to advise you either as I can only judge from hearing your side and of course not knowing the realtors side but it is weird why a realtor would tell you to sign a lease based on what you describe.
Sorry that this must be your first rental experience and hopefully the rest of the road will be better.
Ignore the LL and move on.
When a LL is saying they need the security deposit to use for repairs than run since security deposits need to be out in a separate account so that is a huge red flag.
Someone who has no money to fix a house will not fix much down the road.
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