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Old 07-24-2010, 02:09 PM
 
82 posts, read 511,679 times
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So, today I signed a lease for a place me and my GF were very excited about renting. There have been a few issues that appears to be a simple misconmmunication between the two office staff but we didnt think anything of it. We would be told one thing by one person then another thing by another person, it was very frustrating, but as I said it seemed that it was just a simple communication issue that we were told was to be addressed.

So on Thursday my GF went and signed the lease and dropped off the deoposit and the first months rent check. and she was given a set of keys, and told that when I came to sign the contract I would get the other set of keys.

Today I went and signed the contract, I have signed everything with the exception of the "walkthrough" paper that you go through and write down any issues you see with the apartment like cracks, my GF signed it but it needs my signature as well, so I dont know if that matters or not.

Well she was giving us the key to go walkthrough and noticed that both keys were missing, and asusmed my GF was given both sets of keys my GF is out of town for a wedding. But the isue is their "master key" woudl not open the door, and it was explained they must ahve changed the locks and not updated themaster key set.

This made me extremely unhappy as I had spent all day packing my truck to brign furniture and now I had to go unpack it back at the house. So I told her I would like to cancel the contract. It shouldnt be a legally binding contract yet as the Manager did not yet sign the contract (she will be in on monday) I was told that she would relay that message to the manager that we want to cancel the contract.

So what do you think my options are? am I screwed here? they have not yet cashed the check, should I be able to state that before the contract is biding beinthe manager did not sign it?

I have sent her an e-mail to reiterate my interest in cancelling the contract and reiterating that the manager has not yet signed it. I am hopeful that they are not unethical and sign the contract and backdate it as thought it was signed when I signed it.

Any thoughts?
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Old 07-24-2010, 02:36 PM
 
26,753 posts, read 41,136,683 times
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If I understand it correctly you want to cancel the contract because you have the issue that they don't allow you in the apartment until the lock has been changed?

If that is the reason...I don't think you are able to cancel the contract without losing the sec. deposit. They should had the locks changed prior and you could demand for a pro rated rent until you can move in or have a hotel paid for by them since they are not keeping them self to the contract...but to cancel it is a huge thing just for the locks that need to be changed.

Don't get me wrong I understand your frustration and the management is handling things very bad....

Good luck, JMO
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Old 07-24-2010, 02:53 PM
 
82 posts, read 511,679 times
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Thank you for your insight.

Well the issue with the keys not working in the lock was kind of like the point I said ok thats it.. this is a bad idea, to many things have gone wrong. I may not have been as upset had I not packed a truck and SUV full of items I had planned to move in.

With regards to the complex its a very nice looking community, we both like it, and could be happy, and both office staff have been very friendly and cordial but it just seems that one hand doesnt know what the other is doing,. MY biggest concern is if we are having this many issues just to get moved into the place, im concerned what it will be like if we have an even bigger issue. a prime example, we were told we have ot have the power turned on on thursday, I called them on Friday around 10am to get the apartment number since i did not have it, they never caleld me back.

I dont know maybey Im overreacting but there are just so many things that seem wrong with it, I dont blame the girl that was working today, there was nothing she could do about the situation.

With my gut feeling I just would like to get out of this if I can, which as I stated it is my hope that I can being the lease has not yet been signed by the manager (im assuming at this moment it is not a binding contract) I have informed the girl working the office that I would like to cancel it, so Im hoping that she informs the lady and she does not sign the contract.

Now that I have "cooled down" some worst case scenario is they dont let us and we are "forced" to move into the place, as I said we liked everything about it until these problems that in the grand scheme are not a major issue, but makes you think if its this bad now what will happen when I move in, and my concern is now they know I wanted to cancel, would I be "blacklisted".

So if I can get out of it Ill be glad to, if im stuck there it isnt like it is a hell hole of a place, just an uneasy feeling im getting with the whole thing.

Sorry for the rant, I guess im not entireley recovered from being pissed off yet.. it will have been 3 times that I have loaded and unloaded this furniture to move into on place.
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Old 07-24-2010, 03:08 PM
 
707 posts, read 1,332,983 times
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Where is this community Located?
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Old 07-24-2010, 04:04 PM
 
Location: FL
762 posts, read 1,641,836 times
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Why didn't you have the landlord call and get a locksmith on the spot to change the locks and give new keys/master key. Also, verbal promises are very difficult to enforce. Any promises must be documented in the lease/lease addendum.

If you paid for and signed a contract for the property; you are entitled to access to the property.

Since you did not have access as agreed, the landlord must now refund you a prorated amount for the amount of the lease you did not have access.

Sounds like there are other issues or Renters Remorse other than just the key issue? Is that the case?
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Old 07-24-2010, 05:29 PM
 
82 posts, read 511,679 times
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Quote:
Originally Posted by kbrkr View Post
Why didn't you have the landlord call and get a locksmith on the spot to change the locks and give new keys/master key. Also, verbal promises are very difficult to enforce. Any promises must be documented in the lease/lease addendum.

If you paid for and signed a contract for the property; you are entitled to access to the property.

Since you did not have access as agreed, the landlord must now refund you a prorated amount for the amount of the lease you did not have access.

Sounds like there are other issues or Renters Remorse other than just the key issue? Is that the case?

With regards to the community I am not willing to divulge the name of the community until everything is straightened out it is not my intent to deter others from renting there, I jsut want ot know my options.

With regards to the lock change, the issue is that they gave my GF both keys (apparently, I have been uabnle to confirm this at this point) and was told "When he signs the contract he will get his keys. We both live about 1.5 hours away form each other, and we have not seen each other since she signed everything and recieved the keys. So at this point I dont know if the keys she has work or they had the incorrect keys. at the office or what. She is out of town for a wedding so I wont see her agin until Monday.

Renters remorse, not at all, like I said, worst case scenario I am out of luck and have to live there, considering that is the worst case it isnt that bad, we both liked the community, the rent is affordable, nice pool to relax at, this place is not a bad place. But but all the issues we had with the office staff two people telling us different things, and then not getting calls returned where I am requesting information. I should not have brushed off these issues, I should of asked to take a walkthrough before signing my half of the lease, but I have never moved out before minus subleasing in college totlaly different scenario.

Im just not happy with the place right now, and if I can get out of the lease free and clear right now I will take it (understandable if there are some minor charges). The major thing I am holding on to hope for is that the contract will not be signed by the manager of the property until Monday morning. I am hoping the staff member passes on to the manager that I want to void the contract, if that message gets through then the contract should be nulled and void right?

Thanks to everyones input
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Old 07-24-2010, 09:42 PM
 
1,500 posts, read 2,908,493 times
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I believe that there are some buyer's remorse laws in Florida, offering an out within up to three days. I do not know if any such rule applies to leases but it might be worth investigating.
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Old 07-24-2010, 10:42 PM
 
82 posts, read 511,679 times
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I checked, no "cool down" period on lease agreements. No one has made mention of the fact the ease isnt even signed by the manager yet?does that count for anything or no?
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Old 07-25-2010, 01:02 AM
 
515 posts, read 1,195,728 times
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Legally you accepted the terms of the contract when you signed it, regardless of whether it was signed by the other party. It is not legally binding until it's signed by a member of the complex, however there's nothing in the law that would prohibit the manager from signing it and making it binding. You have verbally stated that you wish to get out of the contract, however you already agreed to its terms in writing. It would be a good business practice for them to go ahead and void it, however they do not have to do so. If I were the manager I wouldn't want a disgruntled and unhappy person living in my complex for a year.

If the manager holds you to the terms of the contract and you still decide that you don't want to move in, they will consider it a breach of the contract and will keep any monies entitled to them as outlined in the contract.
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Old 07-25-2010, 01:45 AM
 
82 posts, read 511,679 times
Reputation: 45
Thanks for the answer, I will see how it all goes on Monday. Another item to mention, my GF's brother is supposed to sign the lease, he was listed in the appkication but is not included in the lease but it says all occupants need ot sign it or something like that, could that be a possible loophole?

Im hoping the place does the ethical thing in this matter, I dont want to go into this whole thing this way
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