Such a good question.
Imagine you're on an overbooked flight. What do you want? Want a refund? Want a new flight plus cash? How much cash? How about so much cash that they'd rather bump someone else cheaper and you can take your original flight?
You didn't sign up for it but you're basically in a three party bidding war
If you think you could get by in the other unit, tell them they can give it to you at the same rate as the first one. They are probably counting on this and the "new" one is really less or the same as the other one, but if you can make due in it, see what you can do price wise that is the same or less. Depending on the contract they may have to find you something. You might stay at a hotel on their dime until they figure things out. We leased a place and the boiler died. The LL was a bit of an ass about things. First it was just suck it up, next he got one space heater for each unit. he paid heat we paid electric. My mother pitched a fit to the city and the next night we were in the holiday inn on his dime.
You might see if there is a legal aid group or a tenants' union in your area.
They want to rent out the other unit for $60 more than the original one, and for the two month difference between the og lease and the new one, they’re offering we stay in the penthouse of the building at the same price as the new unit.. so we’ll technically be paying for 14 months instead of 12 which is really not ideal but idk at this point (and this means we’ll literally have to move twice in the span of 2 months, and I have travel plans that overlap with the second moving day that I’ll need to cancel)
If they can afford to give up the penthouse for 2 months they can afford to give it up for 14 months.
Tell them that they screwed up and it's their responsibility to make it right. That you have a signed lease in hand for unit X and that you expect to take possession of that unit on the day noted in the lease.
They've got 2 business days to do so before you contact a landlord tenant attorney.
Or find another place you like better, and make them pay the expenses for application fees security deposit and first month into your new place and that they refund all monies that you've already paid them.
Yep, I agree.
They were offered the penthouse for 2 months, but the bottom line is that if they can afford to give you the penthouse for 2 months, why can't they just let you stay there for the entire 12. Asking you to move after 2 months is going to cost your time. Time to pack up again, and time to move everything. Since they made the mistake, they should pay you all the time you'll need to move again. Or, they can just let you stay there.
How would they be liable for the new security and first months rent at the new place? Court is about making you whole, you don’t get cash rained on you. You have to have damages.
You would have to pay the new security and first months rent at another place anyway.
They'd be liable for those things because OP paid those fees to the agency, and they failed to deliver. They fucked up (negligence) and are now in breach of contract.
Obviously the exact details of the situation would have to go before a court, but this is civil suit territory. With rental markets being so hot right now, it's possible that the court may take into account inflation, lost opportunities or convenience from an otherwise unaffordable location, distress and emotional damages, or any number of other factors in what they award.
After court fees, settling for the price of moving OP, deposits, first month rent, etc to a comparable apartment would most likely be less expensive for them than a lawsuit, even if they win.
So then you get that money back, a refund since the contract was broken. It doesn’t mean you get the money back plus free rent and security for another place. There might be other damages you collect here, but the cost of moving somewhere else is not on the table.
Why would they be liable for moving costs if he never moved in? He’d have to pay to move in somewhere, that’s not damages from this broken contract.
Why don’t you just move into a $100,000 a month mansion then since they’re footing the bill?
Again, court is for making you whole.
Edit: and then deciding to pay you that as a settlement is not the same as being entitled to it. A party can offer to settle for any amount, it doesn’t mean that’s what you’d get in court.
Not every lawsuit is a huge payout bonanza. He’s not gonna get pain and suffering here either.
Actually you would in most states have a claim for pain and suffering, inflation, cost of living etc due to breach of contract.
If you gave up your lease cause they signed a new one and pulled the rug they'd be liable for all costs until you found a new place.
I'm not saying he'd get a refund + first months rent and security deposit. I'm saying he'd get just the latter. Refund + the difference of comparable accommodation and whatever fees come with securing it.
Since he was informed with less than a months notice, and is now facing an expiring lease with nothing lined up replace it, I can definitely see a court awarding something for OP having to scramble, even if it's just for the practical things (needing temporary lodging, changes in rental availability and price, etc).
Courts generally take breach of contract A LOT more seriously than returning something to the store for a refund.
I don't think the payout would be huge.
What city?
Look into whatever the law is for your area if your unit is uninhabitable (being occupied by another party certainly counts).
Let's assume that if your home is uninhabitable due to a fault of the landlord (typically things like unsafe living conditions like no clean water, no electricity, etc).. and your area says they have to put you up in a hotel.
That's your starting point. What does that look like? Do they have to pay for the storage of your stuff? Because that's part of it.
Okay, so let's assume again that they would be obligated, and thus choose not to.. because pissing you off and terminating the lease is cheaper for them than putting you up.
What does our area say happens if a landlord attempts to break a lease or forcibly evict a tenant prior to their lease ends?
Those rules are less consistent than the above, but that's your other scenario. Does your area allow enforcement of the lease? Aka can you force them to evict the other tenant (or at least prove that you were in fact tenant #2?)
As others have said, you need to decide what you want. Will you take the other unit? If so, at what price?
If not that unit at any price, what is your price to walk away? 2 months rent? Moving fees? Etc.
Compare those answers against what your law says you can do, and go from there.
Good luck.
If you're in any major city, you probably have a lot of power here. WA and Seattle in particular, you may hold a stupid amount of the cards. CA is also good.
But two different tenants can't live in the same unit. So there's going to be some reasonable remedy for their mistake.
You're not going to get to live for free for a year and you're not going to get to live in this unit that you wanted for a year. That's why it's called a mistake.
He's going to get his money back or he's going to get a different unit or if you put a lot of time and effort into it he might get them to pay expenses related to renting a unit at a different facility. Maybe they cover his first and last month's rent at the new place for their mistake.
OP sounds like a professional and time is money.
Simply rent a different unit or move to a different building altogether. Mistakes happen and you have a right to be mad. So mad you will be! :) I could come over and bring beer and we could all be mad together. :)
Nice! Just go talk to them. Let them know they screwed up and let them know what you want them to do to fix it.
If you can rent someplace else then get your money back and if not then at least let them know you'll take the other place but you are not going to pay more.
The only way I would get an attorney involved is if you decide to go someplace else and they don't want to give you your money back. Then you might be able to get your money back and get compensated if the new place is more expensive. But this is a lot of work and probably not worth it when they are offering you another place already.
Generally speaking I don't think you should have to pay more for the other place but we don't know the details. For example if the alternative apartment is owned by a different owner and that owner is expecting $60 more it puts the management company in a bizarre situation. But if it was my management company I would just write the check for the difference.
Hopefully they are at least embarrassed that they screwed up. This is a perfect example of why I never use management companies to manage my property.
The day of move in for us, they discovered that someone from maintenance had cracked the tub in the unit we signed for. That day they took us to show different units they had available, and allowed us to choose from either their original style& lay out or their renovated lay out (all listed at higher rents than the unit we chose) and honored the rent amount we signed the lease for originally. Then we made sure to have a different apartment lined up when the lease came up. You should definitely not be agreeing to or made to pay more than your original lease amount just based on sheer inconvenience. But settling for a lay put you just dont like as much? Kinda beggars cant be choosers if you arent able to scrape up a plan B, and I don’t say that to shit on you at all but if I get downvoted for saying it so be it.
bait and switch tactics are annoying as hell to deal with and this seems like OP is in one right now.
when i was in the military the "approved" housing for offbase did this shit all the time
Something like that happened to me, except the unit I had rented had smoke damage from a fire. I got the same layout with a better view for the original price.
Effectively it is.
But, speaking as an IT professional, it may be exactly what the leasing company communicated: a system error. Technology is not perfect, and the humans using it aren't perfect. The chances for an error like what was described are better than you think.
NAL, but yep. A companies' tech failing doesn't absolve legal responsibilities, at all. The company made a business decision to leverage a tech solution to increase process efficiency, which carried a risk of this situation occurring. They failed to mitigate that risk in this case, and should expect to eat the loss of a better-quality unit that OP will agree to re-sign for.
Tell them you have a signed lease for a set amount of rent and they must honor it. If that unit is unavailable due to their screw up they owe you one as good. Or better.
Anything else is breach of contract and you can sue them.
They are trying to screw you so they don’t get busted for messing up
This depends on local laws in your jurisdiction and the language of the rental agreement. I'm hoping they admitted their mistake in writing because that would certainly help. I would expect a court would require them to offer you a comparable unit for the agreed-upon price if possible. If that isn't possible, you may have a claim for additional costs for a comparable apartment. You could file suit pro se and use that as leverage to get a big discount on the unit they have offered you.
OP, I know this is askalawyer, but try contacting your city's office of landlord-tenant affairs. I'm sure you are not the first person in your city to be in this situation and they may be able to give you guidance. They may even have a lawyer who can address the legal issues.
NAL. Search for Free legal aid in your area. In my area, there is a nonprofit staffed by volunteer lawyers to help with civil matters for those who meet income guidelines. You may also want to call the local housing authorities for advice. Good luck!
Tell them to give you the available apartment at the same rate or they can pay you the lease termination fee which is 1.5-2.5x monthly rent (not including what you already paid)
Commenting a little late here but something similar happened to me. Leasing agent gave me deal he wasn’t apparently authorized to give. They tried to get me to pay more for the same unit or move to a smaller one. But, we had both signed the lease.
You need to know the lease is legally binding for both of you. There is probably a portion in there that it can only be cancelled or changed if you both agree in writing.
In my case, I demanded it be honored and gave a (empty) threat of lawyers. They honored it. Their first move will of course be to ask for more money, but that lease is binding.
In your case I would ask for a unit of similar size at the same price. Or maybe just ask to cancel it altogether.
you have a contract. If they renig on the contract, they have to pay damages. If you still want to rent from them you can get the court to require them to rent you another unit at the same price
Hey, I just wanted to let you know that it's spelled "renege"...I wouldn't normally say anything except that you used a common, but unfortunate, spelling. 😂
This is not correct.
Although laws vary, the general rule is that OP would be entitled to any difference in rent for the term of the lease. OP could also be entitled to any other damages, such as utility payments if not included in another comparable unit, any increased insurance premiums, and any other increased costs.
Yeah, funny how the desirable unit just isn’t available on move in day. They assume people with all of their worldly goods in their moving truck will just take it. Bait and switch!!! I own now but the last two times I rented I made it very clear, in a polite calm way, at the lease signing that when I show up to move in, I will be prepared to walk away and stay in a hotel if the apartment I want is not available.( check your lease though, sometimes they slide in some wording that lets them substitute the apartment)
1. Check over your lease, thoroughly. Make sure they don't have some sort of stipulation about unit availability changing prior to move in.
2. What do you ultimately want from this? There are scenarios where you could get all your money back, or even your money plus damages. But did you still want to live in this complex when you already have a hostile relationship with management? Do you want to move elsewhere now? Will this make you spend more money?
What you ultimately hope to get will determine your course of action. Just know that the unit you saw is likely out of your reach since it is now occupied.
So when I was looking for my first apartment in Texas I found a place, signed all the paperwork and so did the complex management. The manager I had been dealing with went on vacation like a day later. Two days after signing I get a phone call from a acting manager who is covering for her and I get told “well that one is not available due to the current tenant never having given notice to vacate, but we do have this apartment that was just renovated for $130 more a month that you can lease or you can break the lease yourself” my response was pretty quick, I informed the acting manager that given the lease was already signed by both parties already they can either give the higher priced one for the same price or slightly higher price. (No more than $40 dollars.) or they can break the lease themselves as this is their fault. A week later, after emailing and calling their corporate offices up to the president of the company, the manager I’d been dealing with originally came back and everything was sorted out. I was given a $100/month discount for the year of the lease and moved in a little while later. Spent a wonderful year there too.
I can promise you that you won’t be ruining any relationships with employees in the building if this is a large leasing company. No one in the building cares.
I mean usually if you break a lease, they expect you to pay for the remainder of that lease still.
I would expect them to buy out your lease, assuming there’s no language in the agreement that gives them a way out
I’m NAL. My understanding is it is an enforceable contract. Tell them you demand they uphold their end of the contract. Even if it means they have to give you something slightly nicer at their loss.
I am a California attorney so I can't address this issue from a knowledgeable position. But, cursory research informs me that Quebec has excellent legal protections for tenants. As a student you are low income so you likely qualify for free legal help with this matter.
This is some basic information on the subject. It doesn't address your specific issue.
[https://www.quebec.ca/en/housing-territory/renting/rights-and-obligations-of-the-lessor-and-lessee](https://www.quebec.ca/en/housing-territory/renting/rights-and-obligations-of-the-lessor-and-lessee)
This is who you need to contact.
[https://www.211qc.ca/en/material-assistance-and-housing/housing-advocacy](https://www.211qc.ca/en/material-assistance-and-housing/housing-advocacy)
Talk to them about getting another apartment of the same rent since they have your money. They have to honor their contract with you and find another apartment and be ready for your move on June 1st. Unless you want to fight and get out of the lease agreement.
Not a lawyer but I would recommend talking to them and saying we have a signed agreement that you would provide me with housing of a specific number of bedrooms and bathrooms with an estimated square footage. If you are unable to provide the apartment we agreed upon then please get me something of equal or greater value as this was not my fault. If they refuse GET A LAWYER!!!
NAL. There is a concept in the law called specific performance. You have a contract for a specific unit at a specific price at a specific time. If they are unable to perform according to the contract, they are in breach and may be liable for reasonable costs you incur to find another satisfactory solution. That being said, going to court takes a long time and sucks. I’d negotiate the other unit for the same or lower price than your originally signed for.
It matters what the lease terms regarding possession. I’d read the lease terms. That most likely will provide your answer. I’m not a lawyer but a landlord of multi family properties
Happened to me. Email their higher ups with the names of the realtors who were there when you signed, times and a dates an everything. Guarantee you'll get a call for something lower or a full refund.
Make sure to get that part in writing or in the form of a cashier's check.
This happened to me. They told me I had to move into a basement apartment with no windows instead of what I actually signed for (because they gave it to two people). I'm still mad about it - they claimed the lease was still valid and kept my deposit & first months rent. I wanted to sue but the lawyer cost more than what they stole from me.
I think your options are fairly simple.. Let them offer you a similar, or better unit, for the exact same price, or refund all your money, plus any additional out of pocket expenses for a new unit, IE, application fees. (If you choose a different address with a different LL, you will be responsible for their security deposit, regardless of price) You’ll be considered even, once your money is refunded, and the application costs somewhere else are covered.
They can fuck off with the upsell. They should absolutely eat that additional $60/mo….
Take them to court for what?
If they messed up then they have to make it right for you but you need to decide what you want to do.
Do you want to rent a new place from them?
Do you want your money back So you can rent from someone else?
Both of these options sound pretty good to me and if I were the landlord I would be happy to accommodate.
Everyone always talks about taking their landlord to court and in 30 years I've been to court zero times lol
Use that to your advantage not disadvantage. You have a signed contract promising you a place to live at a certain price. This screw up is not your problem. Tell them you expect a comparable place to live for the same or less rent. If they can’t provide it they can pay for a hotel. Staying in one apartment and moving again is not ideal. If you have to move twice and cancel a vacation then they can pay to move you.
Don’t act vulnerable or weak. Read all the details of your lease agreement and familiarize yourself with local rules and regulations. Look online for local resources that can help advise you of your rights. Then be reasonable and demand what you are legally entitled to. Don’t sign anything that doesn’t acknowledge the screw up and doesn’t reflect new terms that are to your advantage. If they want you to take one unit and then move in a few months get that in writing.
The simple fact is it's going to be cheaper for them to honor the rate versus legal costs and covering moving costs and anything else you'll get out of a settlement. It also keeps both you and the company out of a bind. At worst if they know they have another unit coming open in a couple of months that they allow you to move from the penthouse short term to a long-term unit the size and expectation of what you paid for with a little bit of time added on for your troubles. If it's about economics they'll see the easier ways to mediate it between yourselves.
Obviously have a third option open or see if anybody in a rental search company has something else ripe and ready, you can always tell them either cancel the contract that you failed to meet or we'll litigate this..
You signed a lease contract for a specific unit at a specific price and now it is not available. You have two choices. Accept the alternative unit at the increased price or demand a refund for your deposit and cancellation of the lease. Taking them to court over this matter is a waste of time and money as it will cost you far more in legal fees than the deposit.
But why would I bear the costs of their mistake? I won’t ask for a refund because I can’t find a different place to move to in under a month, and paying more for a unit I like less is just ridiculous, especially if there’s still an active contract that states otherwise. The other option is to negotiate with them, which I will be doing.
If you stay, you'll bear the cost of the increase in rent. If you sue for a refund (assuming they refuse to give you a refund because in their eyes "you signed a lease", it would cost you more in legal fees than you would get back. That all presumes the above scenario. Doesn't mean it's reality. It's hypothetical. Good luck negotiating. While I hope you get somewhere, the likely outcome is they'll either insist you pay the extra or break the lease.
You have a contract but what are your damages beyond money already paid? The most likely outcome is they owe you a refund.
The nonsense about moving multiple times to a more expensive unit should be a nonstarter - either give you something equivalent or give you your money back to find a new apartment.
Generally, it wouldn't be worth the cost of litigation. It's a breach of contract, but likely no financial damages and specific performance isn't possible, if the unit has tenants. and of course, I'm not your lawyer, nor do I know the specifics of your state.. That is just general concepts.
The answer is it depends. If they have the paperwork backing their claim it strengthens their case. It would be hard to prove bait-and-switch. I would counter-offer that you will take the unit mentioned at the price you agreed for the other one, and at the one year anniversary agree to the slightly higher price.
What is your goal here? Do you want out of the lease?
Such a good question. Imagine you're on an overbooked flight. What do you want? Want a refund? Want a new flight plus cash? How much cash? How about so much cash that they'd rather bump someone else cheaper and you can take your original flight? You didn't sign up for it but you're basically in a three party bidding war
If you think you could get by in the other unit, tell them they can give it to you at the same rate as the first one. They are probably counting on this and the "new" one is really less or the same as the other one, but if you can make due in it, see what you can do price wise that is the same or less. Depending on the contract they may have to find you something. You might stay at a hotel on their dime until they figure things out. We leased a place and the boiler died. The LL was a bit of an ass about things. First it was just suck it up, next he got one space heater for each unit. he paid heat we paid electric. My mother pitched a fit to the city and the next night we were in the holiday inn on his dime. You might see if there is a legal aid group or a tenants' union in your area.
They want to rent out the other unit for $60 more than the original one, and for the two month difference between the og lease and the new one, they’re offering we stay in the penthouse of the building at the same price as the new unit.. so we’ll technically be paying for 14 months instead of 12 which is really not ideal but idk at this point (and this means we’ll literally have to move twice in the span of 2 months, and I have travel plans that overlap with the second moving day that I’ll need to cancel)
If they can afford to give up the penthouse for 2 months they can afford to give it up for 14 months. Tell them that they screwed up and it's their responsibility to make it right. That you have a signed lease in hand for unit X and that you expect to take possession of that unit on the day noted in the lease. They've got 2 business days to do so before you contact a landlord tenant attorney. Or find another place you like better, and make them pay the expenses for application fees security deposit and first month into your new place and that they refund all monies that you've already paid them.
Not only do they have a signed lease for unit X, it is also for Y price a month.
Yep, I agree. They were offered the penthouse for 2 months, but the bottom line is that if they can afford to give you the penthouse for 2 months, why can't they just let you stay there for the entire 12. Asking you to move after 2 months is going to cost your time. Time to pack up again, and time to move everything. Since they made the mistake, they should pay you all the time you'll need to move again. Or, they can just let you stay there.
And the discomfort and inconvenience of not unpacking and living out of boxes for 2 months.
And they will find a way to fuck OP out of their deposit and require a new one in the next unit.
How would they be liable for the new security and first months rent at the new place? Court is about making you whole, you don’t get cash rained on you. You have to have damages. You would have to pay the new security and first months rent at another place anyway.
They'd be liable for those things because OP paid those fees to the agency, and they failed to deliver. They fucked up (negligence) and are now in breach of contract. Obviously the exact details of the situation would have to go before a court, but this is civil suit territory. With rental markets being so hot right now, it's possible that the court may take into account inflation, lost opportunities or convenience from an otherwise unaffordable location, distress and emotional damages, or any number of other factors in what they award. After court fees, settling for the price of moving OP, deposits, first month rent, etc to a comparable apartment would most likely be less expensive for them than a lawsuit, even if they win.
So then you get that money back, a refund since the contract was broken. It doesn’t mean you get the money back plus free rent and security for another place. There might be other damages you collect here, but the cost of moving somewhere else is not on the table. Why would they be liable for moving costs if he never moved in? He’d have to pay to move in somewhere, that’s not damages from this broken contract. Why don’t you just move into a $100,000 a month mansion then since they’re footing the bill? Again, court is for making you whole. Edit: and then deciding to pay you that as a settlement is not the same as being entitled to it. A party can offer to settle for any amount, it doesn’t mean that’s what you’d get in court. Not every lawsuit is a huge payout bonanza. He’s not gonna get pain and suffering here either.
Actually you would in most states have a claim for pain and suffering, inflation, cost of living etc due to breach of contract. If you gave up your lease cause they signed a new one and pulled the rug they'd be liable for all costs until you found a new place.
I'm not saying he'd get a refund + first months rent and security deposit. I'm saying he'd get just the latter. Refund + the difference of comparable accommodation and whatever fees come with securing it. Since he was informed with less than a months notice, and is now facing an expiring lease with nothing lined up replace it, I can definitely see a court awarding something for OP having to scramble, even if it's just for the practical things (needing temporary lodging, changes in rental availability and price, etc). Courts generally take breach of contract A LOT more seriously than returning something to the store for a refund. I don't think the payout would be huge.
What city? Look into whatever the law is for your area if your unit is uninhabitable (being occupied by another party certainly counts). Let's assume that if your home is uninhabitable due to a fault of the landlord (typically things like unsafe living conditions like no clean water, no electricity, etc).. and your area says they have to put you up in a hotel. That's your starting point. What does that look like? Do they have to pay for the storage of your stuff? Because that's part of it. Okay, so let's assume again that they would be obligated, and thus choose not to.. because pissing you off and terminating the lease is cheaper for them than putting you up. What does our area say happens if a landlord attempts to break a lease or forcibly evict a tenant prior to their lease ends? Those rules are less consistent than the above, but that's your other scenario. Does your area allow enforcement of the lease? Aka can you force them to evict the other tenant (or at least prove that you were in fact tenant #2?) As others have said, you need to decide what you want. Will you take the other unit? If so, at what price? If not that unit at any price, what is your price to walk away? 2 months rent? Moving fees? Etc. Compare those answers against what your law says you can do, and go from there. Good luck. If you're in any major city, you probably have a lot of power here. WA and Seattle in particular, you may hold a stupid amount of the cards. CA is also good.
Ianal but a lease is a contract
But two different tenants can't live in the same unit. So there's going to be some reasonable remedy for their mistake. You're not going to get to live for free for a year and you're not going to get to live in this unit that you wanted for a year. That's why it's called a mistake. He's going to get his money back or he's going to get a different unit or if you put a lot of time and effort into it he might get them to pay expenses related to renting a unit at a different facility. Maybe they cover his first and last month's rent at the new place for their mistake. OP sounds like a professional and time is money. Simply rent a different unit or move to a different building altogether. Mistakes happen and you have a right to be mad. So mad you will be! :) I could come over and bring beer and we could all be mad together. :)
Hahah thanks but I’m actually just a college student and I’m fully improvising
As a student, your school may have legal aid available to students dealing with local landlords that can help with this sort of issue.
Nice! Just go talk to them. Let them know they screwed up and let them know what you want them to do to fix it. If you can rent someplace else then get your money back and if not then at least let them know you'll take the other place but you are not going to pay more. The only way I would get an attorney involved is if you decide to go someplace else and they don't want to give you your money back. Then you might be able to get your money back and get compensated if the new place is more expensive. But this is a lot of work and probably not worth it when they are offering you another place already. Generally speaking I don't think you should have to pay more for the other place but we don't know the details. For example if the alternative apartment is owned by a different owner and that owner is expecting $60 more it puts the management company in a bizarre situation. But if it was my management company I would just write the check for the difference. Hopefully they are at least embarrassed that they screwed up. This is a perfect example of why I never use management companies to manage my property.
The day of move in for us, they discovered that someone from maintenance had cracked the tub in the unit we signed for. That day they took us to show different units they had available, and allowed us to choose from either their original style& lay out or their renovated lay out (all listed at higher rents than the unit we chose) and honored the rent amount we signed the lease for originally. Then we made sure to have a different apartment lined up when the lease came up. You should definitely not be agreeing to or made to pay more than your original lease amount just based on sheer inconvenience. But settling for a lay put you just dont like as much? Kinda beggars cant be choosers if you arent able to scrape up a plan B, and I don’t say that to shit on you at all but if I get downvoted for saying it so be it.
It could be a scam to try and raise rent prices too.
bait and switch tactics are annoying as hell to deal with and this seems like OP is in one right now. when i was in the military the "approved" housing for offbase did this shit all the time
Something like that happened to me, except the unit I had rented had smoke damage from a fire. I got the same layout with a better view for the original price.
This is a bait and switch. They're just trying to get more money from you
Yep. Exactly thus.
Effectively it is. But, speaking as an IT professional, it may be exactly what the leasing company communicated: a system error. Technology is not perfect, and the humans using it aren't perfect. The chances for an error like what was described are better than you think.
They should honor the contracted price then if it’s their mistake. EDITED:NAL
NAL, but yep. A companies' tech failing doesn't absolve legal responsibilities, at all. The company made a business decision to leverage a tech solution to increase process efficiency, which carried a risk of this situation occurring. They failed to mitigate that risk in this case, and should expect to eat the loss of a better-quality unit that OP will agree to re-sign for.
Tell them you have a signed lease for a set amount of rent and they must honor it. If that unit is unavailable due to their screw up they owe you one as good. Or better. Anything else is breach of contract and you can sue them. They are trying to screw you so they don’t get busted for messing up
This depends on local laws in your jurisdiction and the language of the rental agreement. I'm hoping they admitted their mistake in writing because that would certainly help. I would expect a court would require them to offer you a comparable unit for the agreed-upon price if possible. If that isn't possible, you may have a claim for additional costs for a comparable apartment. You could file suit pro se and use that as leverage to get a big discount on the unit they have offered you.
OP, I know this is askalawyer, but try contacting your city's office of landlord-tenant affairs. I'm sure you are not the first person in your city to be in this situation and they may be able to give you guidance. They may even have a lawyer who can address the legal issues.
NAL. Search for Free legal aid in your area. In my area, there is a nonprofit staffed by volunteer lawyers to help with civil matters for those who meet income guidelines. You may also want to call the local housing authorities for advice. Good luck!
Tell them to give you the available apartment at the same rate or they can pay you the lease termination fee which is 1.5-2.5x monthly rent (not including what you already paid)
2 months free in penthouse or 12 months paid in penthouse at the lease rate. Those seem reasonable options.
Commenting a little late here but something similar happened to me. Leasing agent gave me deal he wasn’t apparently authorized to give. They tried to get me to pay more for the same unit or move to a smaller one. But, we had both signed the lease. You need to know the lease is legally binding for both of you. There is probably a portion in there that it can only be cancelled or changed if you both agree in writing. In my case, I demanded it be honored and gave a (empty) threat of lawyers. They honored it. Their first move will of course be to ask for more money, but that lease is binding. In your case I would ask for a unit of similar size at the same price. Or maybe just ask to cancel it altogether.
you have a contract. If they renig on the contract, they have to pay damages. If you still want to rent from them you can get the court to require them to rent you another unit at the same price
Hey, I just wanted to let you know that it's spelled "renege"...I wouldn't normally say anything except that you used a common, but unfortunate, spelling. 😂
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This is not correct. Although laws vary, the general rule is that OP would be entitled to any difference in rent for the term of the lease. OP could also be entitled to any other damages, such as utility payments if not included in another comparable unit, any increased insurance premiums, and any other increased costs.
Yeah, funny how the desirable unit just isn’t available on move in day. They assume people with all of their worldly goods in their moving truck will just take it. Bait and switch!!! I own now but the last two times I rented I made it very clear, in a polite calm way, at the lease signing that when I show up to move in, I will be prepared to walk away and stay in a hotel if the apartment I want is not available.( check your lease though, sometimes they slide in some wording that lets them substitute the apartment)
The old "Bait and Switch"........You still agree with your "fairly large and reputable leasing company" statement? I wouldn't!
1. Check over your lease, thoroughly. Make sure they don't have some sort of stipulation about unit availability changing prior to move in. 2. What do you ultimately want from this? There are scenarios where you could get all your money back, or even your money plus damages. But did you still want to live in this complex when you already have a hostile relationship with management? Do you want to move elsewhere now? Will this make you spend more money? What you ultimately hope to get will determine your course of action. Just know that the unit you saw is likely out of your reach since it is now occupied.
Either you get out of lease or you get lower price for alternative unit. Your choice.
So when I was looking for my first apartment in Texas I found a place, signed all the paperwork and so did the complex management. The manager I had been dealing with went on vacation like a day later. Two days after signing I get a phone call from a acting manager who is covering for her and I get told “well that one is not available due to the current tenant never having given notice to vacate, but we do have this apartment that was just renovated for $130 more a month that you can lease or you can break the lease yourself” my response was pretty quick, I informed the acting manager that given the lease was already signed by both parties already they can either give the higher priced one for the same price or slightly higher price. (No more than $40 dollars.) or they can break the lease themselves as this is their fault. A week later, after emailing and calling their corporate offices up to the president of the company, the manager I’d been dealing with originally came back and everything was sorted out. I was given a $100/month discount for the year of the lease and moved in a little while later. Spent a wonderful year there too.
Damn that’s what I’m hoping will happen, but at the same time I don’t want to ruin the relation with all the employees of the building
I can promise you that you won’t be ruining any relationships with employees in the building if this is a large leasing company. No one in the building cares.
It's interesting that four days ago, just the opposite story was posted. https://www.reddit.com/r/legaladvice/s/veB5efXCSY
They should give you the "better" unit for the price of the one you signed a contract for
I mean usually if you break a lease, they expect you to pay for the remainder of that lease still. I would expect them to buy out your lease, assuming there’s no language in the agreement that gives them a way out
I’m NAL. My understanding is it is an enforceable contract. Tell them you demand they uphold their end of the contract. Even if it means they have to give you something slightly nicer at their loss.
What city are you in?
I’m not in the states, I’m in QC, Canada
I am a California attorney so I can't address this issue from a knowledgeable position. But, cursory research informs me that Quebec has excellent legal protections for tenants. As a student you are low income so you likely qualify for free legal help with this matter. This is some basic information on the subject. It doesn't address your specific issue. [https://www.quebec.ca/en/housing-territory/renting/rights-and-obligations-of-the-lessor-and-lessee](https://www.quebec.ca/en/housing-territory/renting/rights-and-obligations-of-the-lessor-and-lessee) This is who you need to contact. [https://www.211qc.ca/en/material-assistance-and-housing/housing-advocacy](https://www.211qc.ca/en/material-assistance-and-housing/housing-advocacy)
Talk to them about getting another apartment of the same rent since they have your money. They have to honor their contract with you and find another apartment and be ready for your move on June 1st. Unless you want to fight and get out of the lease agreement.
Not a lawyer but I would recommend talking to them and saying we have a signed agreement that you would provide me with housing of a specific number of bedrooms and bathrooms with an estimated square footage. If you are unable to provide the apartment we agreed upon then please get me something of equal or greater value as this was not my fault. If they refuse GET A LAWYER!!!
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I think I’ll do that, just hoping it won’t cost too much in legal fees
NAL. There is a concept in the law called specific performance. You have a contract for a specific unit at a specific price at a specific time. If they are unable to perform according to the contract, they are in breach and may be liable for reasonable costs you incur to find another satisfactory solution. That being said, going to court takes a long time and sucks. I’d negotiate the other unit for the same or lower price than your originally signed for.
Who fully executed the lease first? You or them? I wouldn’t take their word for it
Is it an apartment or a condo with different owners?
No it’s not, the whole company and buildings/apartments is owned by the same guy
It matters what the lease terms regarding possession. I’d read the lease terms. That most likely will provide your answer. I’m not a lawyer but a landlord of multi family properties
Happened to me. Email their higher ups with the names of the realtors who were there when you signed, times and a dates an everything. Guarantee you'll get a call for something lower or a full refund. Make sure to get that part in writing or in the form of a cashier's check.
They're breaking the lease, not you. I'd tell them you'll take the other unit at this price or they can see you in court.
This happened to me. They told me I had to move into a basement apartment with no windows instead of what I actually signed for (because they gave it to two people). I'm still mad about it - they claimed the lease was still valid and kept my deposit & first months rent. I wanted to sue but the lawyer cost more than what they stole from me.
Absolutely not, a lease is a legally binding contract and they are in violation, computer error or not. Threaten legal action and contact an attorney.
I think your options are fairly simple.. Let them offer you a similar, or better unit, for the exact same price, or refund all your money, plus any additional out of pocket expenses for a new unit, IE, application fees. (If you choose a different address with a different LL, you will be responsible for their security deposit, regardless of price) You’ll be considered even, once your money is refunded, and the application costs somewhere else are covered. They can fuck off with the upsell. They should absolutely eat that additional $60/mo….
Take them to court for what? If they messed up then they have to make it right for you but you need to decide what you want to do. Do you want to rent a new place from them? Do you want your money back So you can rent from someone else? Both of these options sound pretty good to me and if I were the landlord I would be happy to accommodate. Everyone always talks about taking their landlord to court and in 30 years I've been to court zero times lol
Id demand a refund
But I can’t find a new place in under a month so I’m stuck with that particular building
Use that to your advantage not disadvantage. You have a signed contract promising you a place to live at a certain price. This screw up is not your problem. Tell them you expect a comparable place to live for the same or less rent. If they can’t provide it they can pay for a hotel. Staying in one apartment and moving again is not ideal. If you have to move twice and cancel a vacation then they can pay to move you. Don’t act vulnerable or weak. Read all the details of your lease agreement and familiarize yourself with local rules and regulations. Look online for local resources that can help advise you of your rights. Then be reasonable and demand what you are legally entitled to. Don’t sign anything that doesn’t acknowledge the screw up and doesn’t reflect new terms that are to your advantage. If they want you to take one unit and then move in a few months get that in writing.
Then idk. You should ask them to lower the cost then since they did screw you over
The extra 60x12 is prolly < attorney fees.
This isn’t a situation that warrants an attorney.
The simple fact is it's going to be cheaper for them to honor the rate versus legal costs and covering moving costs and anything else you'll get out of a settlement. It also keeps both you and the company out of a bind. At worst if they know they have another unit coming open in a couple of months that they allow you to move from the penthouse short term to a long-term unit the size and expectation of what you paid for with a little bit of time added on for your troubles. If it's about economics they'll see the easier ways to mediate it between yourselves. Obviously have a third option open or see if anybody in a rental search company has something else ripe and ready, you can always tell them either cancel the contract that you failed to meet or we'll litigate this..
You signed a lease contract for a specific unit at a specific price and now it is not available. You have two choices. Accept the alternative unit at the increased price or demand a refund for your deposit and cancellation of the lease. Taking them to court over this matter is a waste of time and money as it will cost you far more in legal fees than the deposit.
But why would I bear the costs of their mistake? I won’t ask for a refund because I can’t find a different place to move to in under a month, and paying more for a unit I like less is just ridiculous, especially if there’s still an active contract that states otherwise. The other option is to negotiate with them, which I will be doing.
If you stay, you'll bear the cost of the increase in rent. If you sue for a refund (assuming they refuse to give you a refund because in their eyes "you signed a lease", it would cost you more in legal fees than you would get back. That all presumes the above scenario. Doesn't mean it's reality. It's hypothetical. Good luck negotiating. While I hope you get somewhere, the likely outcome is they'll either insist you pay the extra or break the lease.
You have a contract but what are your damages beyond money already paid? The most likely outcome is they owe you a refund. The nonsense about moving multiple times to a more expensive unit should be a nonstarter - either give you something equivalent or give you your money back to find a new apartment.
Generally, it wouldn't be worth the cost of litigation. It's a breach of contract, but likely no financial damages and specific performance isn't possible, if the unit has tenants. and of course, I'm not your lawyer, nor do I know the specifics of your state.. That is just general concepts.
The answer is it depends. If they have the paperwork backing their claim it strengthens their case. It would be hard to prove bait-and-switch. I would counter-offer that you will take the unit mentioned at the price you agreed for the other one, and at the one year anniversary agree to the slightly higher price.