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Old 01-25-2019, 12:28 PM
 
Location: Charlotte, NC
4,761 posts, read 7,830,787 times
Reputation: 5328

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Quote:
Originally Posted by Mr_Geek View Post
Just pointing it out that your thoughts on the habitability won't matter when it comes to trying to convince them you want to stay because it's habitable in your mind.
Very much the case. There is likely a legal standard for habitability. Neither you nor the management company can waive this. Them allowing you to stay could potentially expose them to liability.
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Old 01-25-2019, 12:35 PM
 
Location: Charlotte, NC
4,761 posts, read 7,830,787 times
Reputation: 5328
Quote:
Originally Posted by Roberteyewhy View Post
This is MY take alone. From reading so many posts and some replies in my thread, it seems like the Owner, PM or LL's can do anything they want. The tenant complains to much about a legitimate concern, evict them. Just like you have posted spanky bbq, "Honestly, if you turned into a pain in the butt about it, I'd just evict you. Trust me, they could find a way to do it."

Why is there Landlord Tenant laws in every state when it should be Tenant law(s) which should be that if you the Tenant complain to much, PM or LL can evict you for whatever reason? No Landlord guidelines or laws since they are omnipotent.

Where is the Justice? Where is the Equality?

I do not get it,
Robert
I think you may have misunderstood me re eviction. If I'm offering you another unit and you refuse to move, you are then preventing me from completing necessary repairs. This is very likely to be in your lease. Probably under a section called Landlord Responsibilities. Also addressed under Tenant Responsibilities, or similar.

If you create a situation where I am unable to make repairs, you are in breach of lease.

I'm not trying to be a jerk in a situation like this. I have a duty to all tenants and part if that duty is to make repairs as needed.

If you're concerned about justice or equality, ask legislators about the laws they passed. We have to play by those rules. And, believe it or not, tenants typically have more protections than landlords.
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Old 01-25-2019, 12:53 PM
 
68 posts, read 31,579 times
Reputation: 34
Quote:
Originally Posted by spankys bbq View Post
I think you may have misunderstood me re eviction. If I'm offering you another unit and you refuse to move, you are then preventing me from completing necessary repairs. This is very likely to be in your lease. Probably under a section called Landlord Responsibilities. Also addressed under Tenant Responsibilities, or similar.

If you create a situation where I am unable to make repairs, you are in breach of lease.

I'm not trying to be a jerk in a situation like this. I have a duty to all tenants and part if that duty is to make repairs as needed.

If you're concerned about justice or equality, ask legislators about the laws they passed. We have to play by those rules. And, believe it or not, tenants typically have more protections than landlords.
Yes, I understand that if I MUST relocate with no other available option besides taking them to court, then so be it.

I know you are not trying to be a 'Jerk'. Never thought of your previous post(s) as such.

I keep saying that WHY doesn't someone call me and let me know what's going on??? I do not know if the apartment is even finished yet nor if they intend to pursue this. Someone, anyone at this point! Tell me you HAVE to relocate and if you want to dispute it them that is your choice. Fine. Give me another LA denoting the new apt. number and give me the keys so I can start moving at a more leisurely pace.

I can now move for under $200 thanks to Sundaydrive00. 5 Lg boxes factored in plus B&M located near me so I can pick them up and be prepared.

Tired already...just want this finalized and get on with life!

Thanks,
Robert

Last edited by Roberteyewhy; 01-25-2019 at 01:12 PM..
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Old 01-25-2019, 01:09 PM
 
Location: Long Island, NY
1,898 posts, read 2,834,779 times
Reputation: 2559
You have already been given a date to move. What more are you looking for from management? I would simply call to confirm the move in date and inquire as to when you will be able to pick up the keys.
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Old 01-25-2019, 01:31 PM
 
68 posts, read 31,579 times
Reputation: 34
Quote:
Originally Posted by reenzz View Post
You have already been given a date to move. What more are you looking for from management? I would simply call to confirm the move in date and inquire as to when you will be able to pick up the keys.
If they do not call or something by Monday, I will do that. You watch, unit is not going to be read or just poorly done.

Will also politely ask them to pay for all or part of the moving expense as almost everyone here has said that since they cannot repair the unit with me occupying it, it's their fault. Right?

Thanks,
Robert
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Old 01-25-2019, 01:38 PM
 
15,546 posts, read 12,009,172 times
Reputation: 32595
Quote:
Originally Posted by Roberteyewhy View Post
I keep saying that WHY doesn't someone call me and let me know what's going on??? I do not know if the apartment is even finished yet nor if they intend to pursue this. Someone, anyone at this point! Tell me you HAVE to relocate and if you want to dispute it them that is your choice. Fine. Give me another LA denoting the new apt. number and give me the keys so I can start moving at a more leisurely pace.
Have you called and asked these questions? Stopped by the leasing office? Sent an email?

They gave you a moving date of February 1. Unless that changes, I see no reason for them to update you. They chose that date because that is when the unit will be nice in ready. They're not going to give you the keys until February 1, and if you sign an updated lease, it'll most likely happen when you get the keys on February 1.
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Old 01-25-2019, 01:47 PM
 
16,376 posts, read 22,473,858 times
Reputation: 14398
Quote:
Originally Posted by Roberteyewhy View Post

I can now move for under $200 thanks to Sundaydrive00. 5 Lg boxes factored in plus B&M located near me so I can pick them up and be prepared.

Good news. And maybe the $200 will be reimbursed later which would be helpful.
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Old 01-25-2019, 01:51 PM
 
15,546 posts, read 12,009,172 times
Reputation: 32595
Quote:
Originally Posted by Roberteyewhy View Post
If they do not call or something by Monday, I will do that. You watch, unit is not going to be read or just poorly done.

Will also politely ask them to pay for all or part of the moving expense as almost everyone here has said that since they cannot repair the unit with me occupying it, it's their fault. Right?

Thanks,
Robert
I would not ask them to pay any of the moving cost because "it's their fault." Unless you can prove negligence, these things happen without anyone to blame. Plumbing doesn't last forever.

Still ask for moving costs or a rent reduction, as the worst that can happen is they say no. If they say no, I would leave it at that. $100-$200 wouldn't, in my opinion, be worth the legal action. Especially since it could mean they wouldn't renew my lease when the current 9 month lease is up.

You can say moving wasn't in your budget, and since you just signed a new lease, it wasn't in your plans to leave. But don't start trying to assign blame for the leak. It needs to be fixed. They've tried fixing it with you living there, but it's become obvious to them that they need to do more to fix the problem. You can't live there while they tear up the whole bathroom, so they have no choice but for you to move.
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Old 01-25-2019, 02:02 PM
 
68 posts, read 31,579 times
Reputation: 34
Quote:
Originally Posted by Sundaydrive00 View Post
Have you called and asked these questions? Stopped by the leasing office? Sent an email?

They gave you a moving date of February 1. Unless that changes, I see no reason for them to update you. They chose that date because that is when the unit will be nice in ready. They're not going to give you the keys until February 1, and if you sign an updated lease, it'll most likely happen when you get the keys on February 1.
None of the above. Will call on Monday or Tuesday to see what's going on.

If what you say is true about the Feb. 1 for the LA and keys, I do hope that they will be flexible about the relocate. They cannot rent my unit anyway.

Again, thanks for the U-haul suggestion. Worst case I only pay <$200 but I save $1,000.

Quote:
Originally Posted by sware2cod
Good news. And maybe the $200 will be reimbursed later which would be helpful.
Hope so.

Thanks,
Robert

Last edited by Roberteyewhy; 01-25-2019 at 02:25 PM..
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Old 01-25-2019, 02:37 PM
 
15,546 posts, read 12,009,172 times
Reputation: 32595
Quote:
Originally Posted by Roberteyewhy View Post
None of the above. Will call on Monday or Tuesday to see what's going on.

If what you say is true about the Feb. 1 for the LA and keys, I do hope that they will be flexible about the relocate. They cannot rent my unit anyway.
Once they get the plumbing repaired, they can. They'll probably want to start on it right away so they can stop the leaking.

When I transferred apartments, I was given the weekend. Keys to the new apartment were given on Friday morning, and the final walk through was Monday morning. But this is something you'll specifically want to ask them.

Why wait till Tuesday? Call them right now. If you only have a day or two to move, it's better to know in advance. You can have everything packed up, do some deep cleaning, and then by the time the movers get everything out Friday you only have some light cleaning, mopping, and vacuuming left to do.
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