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They recently viewed a unit and signed the lease the next day with the property management. But the marketing agent just informed them that someone with a lower log number is interested in proceeding and waiting for HPD approval.
What happens now? is the signed lease automatically void? Has someone experienced this before? What's the liklihood that my friend will get the unit?
Location: Read the Marketing Handbook, and Income a Guide.
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I am just making guesses. Was this a Lease, or something that only looks like a Lease? is this a large building. Perhaps, there is another additional unit available that they will offer your friend. If so, I suppose your friend could say ‘No’ and demand the deposit back. But, if this hypothetical additional unit is a good deal your friend wouldn’t turn it down.
(If your friend does not get HPD approval that suggests a lease or lease-like agreement might be voided.)
If they get a rejection notice, making an appeal might secure them some rights, privileges, and priorities, perhaps.
Yikes. I might consult a lawyer. Was the lease counter signed by the landlord/management company? If not it may not be binding.
I'm not a lawyer, but I think what linamonroll is saying is correct. Did the landlord's representative also sign the lease? If not, the lease may not be enforceable.
Still, if your friend is nice about the situation, along with pointing out the inconvenience and emotional upheaval of the situation, your friend could advocate for getting another vacant unit in the building, as Harry said.
Location: Read the Marketing Handbook, and Income a Guide.
2,007 posts, read 1,626,371 times
Reputation: 479
Quote:
Originally Posted by griphook_Ruttish
Asking for a friend:
They recently viewed a unit and signed the lease the next day with the property management. But the marketing agent just informed them that someone with a lower log number is interested in proceeding and waiting for HPD approval.
What happens now? is the signed lease automatically void? Has someone experienced this before? What's the liklihood that my friend will get the unit?
First next step, find and read this ‘lease’ to see if any such circumstances are described. This could avoid the disappointment and embarrassment of someone pointing out that there already exists a written, and agreed upon, explanation of what a remedy might be if there is one, if and when such circumstances arise. Such a hypothetical portion of this ‘lease’ would like describe how a deposit would be refunded and so on.
Referring to the Marketing Handbook which is available online might illuminate matters.
”No resident may be moved into the building, and no lease or contract may be signed, until the Agency has received and completed its review of the applicant file and notified the Marketing Agent in writing that such applicant may move forward.”
However, if I had signed an ***actual lease***, and had no involvement in any shenanigans relating to log number or eligibility (as I trust your friend does not), I would kick and scream nonstop. I don't think the lease is binding if not countersigned by the agent/landlord, but it's still their error, and a pretty big one, too. Be a (polite) pain if they end up denied--appeal the denial, talk to their city council rep, etc. In the end it may be easier for them to find room for them than otherwise.
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