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My husband and I are moving to Pittsburgh in July from NYC for his work. We went out a couple of weeks ago to look for a place and found a couple we liked. We decided on one and talked with the landlord. Through emails, text messages and talking he agreed to our terms and sent us the lease to sign. We signed it and sent them a check for the first months rent as a hold (which he stated in his email would hold the place). I got an email from him today stating he found a tenant to move in at an earlier date and that he will not be renting from us. He never signed the lease, but we did and I have all the emails that state that he agreed to everything and said we have the apartment. Is there anything we can do. Not only did we not get this apartment, but now we need to take another trip out there. Do we have any rights?
Did he cash the check? Sounds like he didn't, in which case with no signed lease and him having received no funds, I'm not sure it's an enforceable contract if all you have are emails.
Honestly, I'm surprised he agreed to hold it for 3 months (since you're not moving there until July)? That's a lot of lost income for him (although it completely sucks for you too!).
He has a current tenant that wanted to move out before her lease was up. He posted it on craigslist for the date we need. After talking with us, he must have found another tenant that would move in sooner and he wanted to be nice to the current tenant. He did not cash he check yet. It was going to be used as a security deposit.
He never signed the lease...
He did not cash the check...
It will be a VERY rare LL who will hold a unit empty this time of year...
and very rare unit that will remain empty unless there are issues.
As a tenant you don't want "issues" with a unit or a LL.
---
Your move date ("in July") is more than three months from now.
Unless you can afford to pay the rent on an empty apartment until then there really isn't much point in looking for what is available until June.
Most people will rent an extended stay motel room for a couple of weeks
while they look around and apply.
Unfortunately you're out of luck. I can see the LL's point but he should have planned more efficiently and not put you to all that trouble. Make sure you get your cheque back from him!
I don't know what your situation is but, to save yourself another trip to look for places, you might think of waiting until you move and staying in an extended stay motel or suchlike for a few weeks. That will give you time to really look into different areas and find something which suits. If you have a lot of "stuff" to move you can always have it "ship-ready", store it and then have it moved when you find a place. Good luck!
The apartment is not unoccupied. The current tenant has a lease through July, but wanted to move out early. The landlord listed it on craigslist for an August move in. Pittsburgh is a big college town, so it is not uncommon for listings for the coming school year to be up now. When we talked with him he told us about the current tenant wanting to move out early. We stated that we could move in July. This was agreed to.
My husband and I are moving to Pittsburgh in July from NYC for his work. We went out a couple of weeks ago to look for a place and found a couple we liked. We decided on one and talked with the landlord. Through emails, text messages and talking he agreed to our terms and sent us the lease to sign. We signed it and sent them a check for the first months rent as a hold (which he stated in his email would hold the place). I got an email from him today stating he found a tenant to move in at an earlier date and that he will not be renting from us. He never signed the lease, but we did and I have all the emails that state that he agreed to everything and said we have the apartment. Is there anything we can do. Not only did we not get this apartment, but now we need to take another trip out there. Do we have any rights?
A contract is not valid until it is executed by both parties. Now, if he keeps the check, you can sue him in small-claims court (and might even have a claim against him for fraud), but as far as being able to force him to let you move in, nope. Not unless you have his signature on a signed lease. Sorry.
20yrsinBranson
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