Weird DTLA highrise leasing issue (apartment, leasing agent, insurance)

[loveandhate]

For now, I'll keep the names out of this but wanted to get some feedback here. Sorry for the long post...

A few weeks ago my partner and I found an amazing rate for a 1 bed on a high floor in a DTLA luxury highrise. The price was roughly $800 less than the usual market rate. The only reason I know that is because we have been comparing prices, locations, and amenities over the last 2 months preparing for a move. There's a spreadsheet and everything. We're data nerds I guess...

So, we immediately toured the space (that particular unit wasn't yet available), applied for it and got approved for an 11/1 move in. The leasing agent said that he knew this unit would lease in 1 day because it was priced to move. We were happy to find a great deal. They sent over the welcome letter & we signed it. The management company signed it and sent it back to us. Everything was good, we thought. We emailed the leasing agent thanking him for his help. We asked if it was safe to let our backup option go. We had another deposit in at another unit in case we ran into trouble. He assured us via email that we could close out other options and look forward to our move-in. So we took steps to get our deposit back from the backup option and focus on our move-in day.

Last Saturday, we called the building about some logistics questions as we plan our move and we were told by the same leasing agent that the unit actually isn't going to be available because the tenants are staying. He let us know that we could find another (smaller, more expensive and lower floor) option in the building or get our security deposit back and find another property to lease from. We thought that this was in really bad taste to leave us hanging like that but realized our clock is ticking so we decided to look elsewhere, with this building as our backup option now.

Today, I look back at their website and the same unit that had a low price (where the resident is supposedly not moving out of) is listed on the market again at the same price. I email the leasing agent and he says it's a glitch in the system that he'll have to fix but the unit isn't available.

Something doesn't feel right here but maybe I'm reaching and should just forget about it and lease elsewhere. Thoughts?

[amokk]

Originally Posted by loveandhate

For now, I'll keep the names out of this but wanted to get some feedback here. Sorry for the long post...

A few weeks ago my partner and I found an amazing rate for a 1 bed on a high floor in a DTLA luxury highrise. The price was roughly $800 less than the usual market rate. The only reason I know that is because we have been comparing prices, locations, and amenities over the last 2 months preparing for a move. There's a spreadsheet and everything. We're data nerds I guess...

So, we immediately toured the space (that particular unit wasn't yet available), applied for it and got approved for an 11/1 move in. The leasing agent said that he knew this unit would lease in 1 day because it was priced to move. We were happy to find a great deal. They sent over the welcome letter & we signed it. The management company signed it and sent it back to us. Everything was good, we thought. We emailed the leasing agent thanking him for his help. We asked if it was safe to let our backup option go. We had another deposit in at another unit in case we ran into trouble. He assured us via email that we could close out other options and look forward to our move-in. So we took steps to get our deposit back from the backup option and focus on our move-in day.

Last Saturday, we called the building about some logistics questions as we plan our move and we were told by the same leasing agent that the unit actually isn't going to be available because the tenants are staying. He let us know that we could find another (smaller, more expensive and lower floor) option in the building or get our security deposit back and find another property to lease from. We thought that this was in really bad taste to leave us hanging like that but realized our clock is ticking so we decided to look elsewhere, with this building as our backup option now.

Today, I look back at their website and the same unit that had a low price (where the resident is supposedly not moving out of) is listed on the market again at the same price. I email the leasing agent and he says it's a glitch in the system that he'll have to fix but the unit isn't available.

Something doesn't feel right here but maybe I'm reaching and should just forget about it and lease elsewhere. Thoughts?

You have three options in this situation.

1) See if you can convince the leasing agent / apartment management to be reasonable and let you get the same good deal on the other unit that's available.
2) Get your security deposit back and tell this apartment to pound sand and go look somewhere else.
3) Lawyer up. If you have a fully executed lease and a security deposit has been cashed by the property management company they have to perform according to that lease. If they can't/won't perform, you can sue them for breach of contract, damages, and a whole bunch of other stuff. Judges will look favorably on tenants because the management company are professionals and they should know the rules/laws.

[Exitus Acta Probat]

If Larry Silverstein owns the building and takes out an extra insurance policy...RUN!

[loveandhate]

Originally Posted by amokk

You have three options in this situation.

1) See if you can convince the leasing agent / apartment management to be reasonable and let you get the same good deal on the other unit that's available.
2) Get your security deposit back and tell this apartment to pound sand and go look somewhere else.
3) Lawyer up. If you have a fully executed lease and a security deposit has been cashed by the property management company they have to perform according to that lease. If they can't/won't perform, you can sue them for breach of contract, damages, and a whole bunch of other stuff. Judges will look favorably on tenants because the management company are professionals and they should know the rules/laws.

We (and management co.) signed the welcome letter, not the lease. So, technically I think they have the right to not follow through. May at least inquire w/ an atty to understand our options better.

For now, #2 is probably gonna be the option.

[(901)]

I am not an attorney, but sounds like bait n switch. At minimum I would write a review and put on all major outlets describing "your" experience. You might be contacted by others that have been treated similarly. If so, then you have a case.

Lots of sleazy landlords out there

[MrMinneapolis]

just cut your losses and go elsewhere...why waste any more time on this venture with how unprofessional and disorganized they are acting especially reneging on a deal. Get a refund and make an honest review on their page and find a better place to live. I wouldnt trust them any further at this point.

[Kaphawoman]

Originally Posted by (901)

I am not an attorney, but sounds like bait n switch. At minimum I would write a review and put on all major outlets describing "your" experience. You might be contacted by others that have been treated similarly. If so, then you have a case.

Lots of sleazy landlords out there

Sounds like that to me, too. And being downtown I'm not surprised. In an effort to make downtown an "It" neighborhood, they've over-inflated rents to the hilt but people aren't biting like they need them to.

[loveandhate]

Originally Posted by MrMinneapolis

just cut your losses and go elsewhere...why waste any more time on this venture with how unprofessional and disorganized they are acting especially reneging on a deal. Get a refund and make an honest review on their page and find a better place to live. I wouldnt trust them any further at this point.

I had my buddy email them about the same apartment and they said it's available. He's gonna tour it tomorrow.

So, this is bait & switch at best & rental discrimination at worse. I'll know in roughly 24 hrs. Sucks overall & no, I won't just cut my losses & let it go. I'll find a new place & then lawyer up so that this doesn't happen to the next renter.

[bad debt]

Originally Posted by loveandhate

I had my buddy email them about the same apartment and they said it's available. He's gonna tour it tomorrow.

So, this is bait & switch at best & rental discrimination at worse. I'll know in roughly 24 hrs. Sucks overall & no, I won't just cut my losses & let it go. I'll find a new place & then lawyer up so that this doesn't happen to the next renter.

Regardless of how this turns out for you, I will just say that if you actually submitted any money to them without having a signed lease in place that's a pretty dumb life move. In the future, please don't do that.

However, if they actually cashed your check then I would say you do have a pretty strong case if you eventually do lawyer up because this shows they accepted a verbal contract as money was exchanged.

[quixotic59]

Originally Posted by loveandhate

I had my buddy email them about the same apartment and they said it's available. He's gonna tour it tomorrow.

So, this is bait & switch at best & rental discrimination at worse. I'll know in roughly 24 hrs. Sucks overall & no, I won't just cut my losses & let it go. I'll find a new place & then lawyer up so that this doesn't happen to the next renter.

If they raise the rent for him, then you know why they didn't follow through with you.

If the rent is the same, it sounds like you have a pretty strong discrimination case.