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When it comes to changes in leases etc., when the landlord/tenant has to provide WRITTEN notice of changes, does an email count? I didn't think so technically (though it's a bit odd in this day and age not to), but LL tends to do all communication (including rent increase requests) via email.
Return receipt certified mail is preferable for all major communications but emails are more accepted these days in court (which is where proper documentation ends up being most important). With email and texts (as with regular USPS 1st class mail) it's too easy for someone to say they never received it. In dealing with LLs it's been my habit for years now when dealing with basic issues that I follow up anything oral with a confirming email and ask that they in turn confirm that this is our understanding.
I am in a situation and need help, so get ready. I found an apartment on Craigslist and went to look at it to move in. It was in an old complex but a private owner had bought this unit and 2 others. The owners completely renevated the unit from floors, to kitchen, and everything else. We were very happy with the unit but received an email that said they wanted to keep the particular unit we viewed, and let us move into one of the other units. They told us that they were going to renovate the unit that we were moving into the same way or nicer. We took this on good faith that they would do what they promised, but when we got here to move in it was nothing like the apartment we toured and there are only minor renovations such as new paint. The kitchen isn't updated, the floors are disgusting, and it smells like mold. Can we get out of this lease and get our deposit back? Any help is appreciated
Well we emailed them tonight saying we were disappointed and and that things were not done as promised. They replied by saying how offended they were and how hard they had worked. We were trying to get the rent lowered since we agreed to an updated apartment (aka not 70's shag carpet, vinyl/linoleum floors, and heat that I had never even heard of that comes through your ceiling and was apparently used in the 60's). They said we can break our lease but nothing about deposit. We have only lived here since Sunday.
You don't need an attorney but can take this to small claims court. Did you by any chance take photos of the first apartment? And you do still have those emails where they said they would renovate? Gather together as much documentation as you can. I assume you're going to move out? Take plenty of dated photos of the place, move out and then file your claim IF you think it's worth it. That's a big "if". Your problem is going to be that you moved into the place and a judge is likely to award the LLs a month's rent.
We did not take photos when we looked at the first unit. We have plenty of emails saying they are going to update the apartment "as nice or even nicer". They said they were looking at paint colors, fixtures, faucets, etc. They said they will prorate our August rent if we break our lease and move out. Also our neighbor told us that nothing is up to code and that a unit 2 doors down caught fire a few weeks ago and burned all down. The unit we looked at had baseboard heating, this unit has coils in the ceiling with no vents or anything and is supposed to be extremely dangerous. Would any of that help us?
We did not take photos when we looked at the first unit. We have plenty of emails saying they are going to update the apartment "as nice or even nicer". They said they were looking at paint colors, fixtures, faucets, etc. They said they will prorate our August rent if we break our lease and move out. Also our neighbor told us that nothing is up to code and that a unit 2 doors down caught fire a few weeks ago and burned all down. The unit we looked at had baseboard heating, this unit has coils in the ceiling with no vents or anything and is supposed to be extremely dangerous. Would any of that help us?
I feel for you but, as I said, the very fact that you physically moved into the place will almost force a judge to rule in favor of the LL for a month's rent. Save yourself more aggravation, take the pro-rated deal offered and move out.
If you paid a security deposit as well as the first month's rent you should get that back too. Legally (you'll probably find your state landlord tenant laws linked in the first "sticky" on this forum) they have a certain amount of time (usually 30 days but state laws vary a little on this) from the time you leave to return your security deposit less any damages supported by documentation (another reason to be sure to take current dated photos before you leave). If they don't do exactly that you can file a small claims suit. Some states (but not all) allow you to claim 2 and 3 times the amount of the security deposit if it's not properly returned.
Move. If they have a security deposit from you and they don't immediately return it, give them your current mailing address (follow up with a confirming email or, better, return receipt certified mail). Make sure that they sign a release from the lease but, if they still have a security deposit, pay careful attention to the wording of that release. The release should clearly absolve you of any further obligations under the lease but not absolve them if they're holding any other monies.
Many on this forum have experience with this sort of thing although not attorneys so, if you get confused, just ask. But make arrangements to move as this living situation is not going to work out for you!
Agree with STT. Get it in writing that the landlord will allow you to move out with just pro-rated rent. Then move out.
I suggest you keep track of your moving costs to move from your current apt to your new one. Then, you could go to small claims court and ask the court for your deposit (if they withheld it) along with your moving costs. I would claim a breach of contract, and a bait and switch.
It could be sticky that you moved into the unit, as STT said, but I think you could explain that, by saying you were between a rock and a hard place needing housing and storage - that it was cheaper/easier to just go ahead and move in, then negotiate breaking the lease, and then taking them to court, after getting out.
Good luck. Sorry this happened to you. I had a similar thing happen to me at an apartment complex where they showed me a "model" apt, and actually let me choose from a list of upgrades and the corresponding rents depending on the upgrades. So, I go to move in, and nothing has been upgraded. I was able to get a cheaper rent out of them, at least, by basically threatening to sue. But, it was disappointing to live in a dump, when I was expecting a shiny, new apt.
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