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I am moving to Missouri and could not be there in person. I was emailed a lease and signed my end 2 months ago. I started emailing them asking for a finalized lease signed by them. After repeated request and now finally 21 days later (just 10 days prior to scheduled move-in date). The LL tells me the lease is not signed because the unit is not ready due to renovation,
They are trying to make me sign a unit on a different floor. I knew something fishy was going on. Prior to signing my end, I had them state that the renovation will be completed (unit will have washer and dryer in unit wood, flooring, granite, stainless steel appliance, similar to unit shown.) I also TOOK OUT the part that used to say (asterisk allows ability to change to a similar unit).
I do not want to sign for the different unit regardless if they are same layout furnished because I have no trust in the management. I bet they were waiting for me to find out on moving day thus have no choice but accepting the different unit.
My questions are:
1. Can I get my deposit back
2. Can they try to enforce the lease once the renovation is completed at a later date.
What exactly does your lease say in terms of move in date and what happens if it isn't available. I know you removed the asterisked section saying they can change it, but does it say anything else? If they didn't perform their end of the bargain which was to have X unit ready for move in on X date, then they should refund your deposit and not hold you liable for the lease. I would check the first sticky on the front page of the forum the laws on your state on this.
I've done this before... living in a different state and picking an apartment based on pictures. NEVER AGAIN. I'll take time off of work and drive/fly before renting a place sight unseen. I also hate those large corporate apartments because often times you never know which unit you will end up with.
I specifically asked for a 1st floor unit one time. They said "sure, one is available, we'll hold it". Well, when it came time, they stuck me on the 2nd floor.
b. Landlord's failure to deliver possession. - If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord.
b. Landlord's failure to deliver possession. - If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord.
Sounds like you will get your deposit back and not be liable for the lease. I would also ask if the other apartment can be given at a discount if you don't want to keep looking for a place.
b. Landlord's failure to deliver possession. - If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord.
You may be entitled to your deposit back, if you get it, or have to go to court to get it is a different question.
Never, ever, ever rent an apartment unseen or sign papers or give a deposit for such a place. And that's not just advise for you, but for anyone reading this. Sometimes it works out, but when it doesn't, it's a problem.
b. Landlord's failure to deliver possession. - If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord.
So, what is the notice period in the lease and local law? I doubt it's as short as 10 days.
From the sound of your original post they are offering you an identical unit, might be easier to just try for a discount.
I am not surprised at all, which is why I changed part of the lease that specify what renovation must be done and that I will not take similar unit.
Did they initial the change, and agree to it? I know if a tenant hand changes anything on our contracts, it goes in the shredder! You don't change a contract without agreement from both sides. So, there's lesson #1.
Lesson #2 is - hold them to the statute - get your money back or take them to small claims court.
Lesson #3 (and yes, there will be a test) Don't rent sight unseen.!!
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