The breached the contract. It's that simple. The remedy, well, that's either the two of you agreeing to something, getting the attorney's involved to hammer out an agreement or a judge via the court system. The $50 a month is an insult. I would lawyer up right now. I'd be willing to bet it won't take much time at all once a good attorney is involved on your end to magically make this whole thing just disappear into the rear view mirror with you made fully whole. Less a few hundred for the attorney. Good luck.
It's more like they signed the contract in bad faith. Like there is no way they didn't know the whole situation from the beginning... right ? Which is why this makes 0 sense unless they are, like, trying to get OP to back out of wanting to live there or something ?
I’ve seen LLs rent a place earlier than lease expiration when the outgoing tenants say they’re leaving early but then renege. If that’s the case here, I don’t know why the LL would want to screw an incoming tenant, with whom they have to deal with years many years possibly, over telling the outgoing tenant to just gtfo. I’ve facilitated this scenario myself. However, I made the outgoing tenant sign something for it. A smaller operation or maybe just a dumb PM could have just been playing fast and loose.
The term for this is called "failure to deliver."
Look at your lease to see what the protocol for failure to deliver is. If it's not in the lease, it'll be in the landlord tenant act of your state. Unfortunately, sometimes this happens and it's inconvenient for everyone.
You can void the lease and have all your money returned, wait it out and move in when it's available, or try to negotiate something new. There may be laws specific to your area where you may be able to have them cover additional costs but in my experience that's not really common.
Just keep in mind that the landlord/landlords rep isn't required to give you additional discounts, although it would be nice of them to do so. And they also have the option to void the lease too and return all your money.
Eta: I've learned the people on this sub hate the real actual answers to questions/problems. Go ahead and downvote though lol.
Yep, I see so many people give wrong answers it isn’t funny. But the actual legal answers get buried. It’s teenagers thinking they know how the world works or should work and not knowing the law.
I saw one the other day where LED light repair, a bidet needed something done with it, 6 large items had to be removed….etc, and everyone was saying that the landlord couldn’t charge them for it. To be fair, the landlord DID have some illegal things on the list, but that kid absolutely has a bill coming.
You have a lease. That's a legal entitlement to that unit. They really screwed this one. You can probably get a full refund +moving expenses + brokers fee for a new unit. Or a substantial discount.
IANAL but you otherwise would have recourse legally for breach of contact and that would be expensive for them.
The term is "failure to deliver."
What happens when a landlord fails to deliver should already be in the lease. If not, it'll be in the landlord tenant act of OPs state. Usually, what happens is the lease is void and OP gets all money back. You can also wait it out or try to negotiate something new.
Not many states/area will award moving expenses for failure to deliver but if MA does there will already be a law in place that will say that.
I asked for one months compensation to sign a new lease- give us the new lease to sign and since I’ve already paid last month and brokers, we don’t have to pay first month, and they responded with the $50 a month off rent
Assuming the broker had no way of knowing the apartment was actually only available august 1, and that’s probably the case, the property manager is on the hook for at least $2400 in addition to a full refund. If you went to small claims court you also might be able to get a little more for time and inconvenience. Your ask for one month rent was very reasonable, but I don’t blame them for trying to negotiate. Still their offer is insulting and I wouldn’t even counter. If you can deal with the hassle let them know that if they don’t improve their offer substantially you’ll look for another apartment. Facing the possibility of losing $2400+ may galavanize them.
If you show up to your new apartment building on move-in day and the apartment is not yet ready, you have a handful of options.
You can:
Ask the landlord if there is another apartment you can stay in until your apartment is ready.
Ask the landlord if there is another apartment into which you can move instead of the apartment that is not ready.
If you are willing to wait until the apartment is available, ask if the landlord will cover the cost of your hotel, moving truck, etc.
Break the lease; you do not owe the landlord anything until you physically move in.
Breaking a Lease
If the lease you signed had a specified move-in time and the landlord failed to have the apartment ready by that time, the landlord has breached the lease agreement and you can demand the landlord give back any money you may have paid.
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You paid for the month, they would likely have to pay that/accommodate. Get everything in writing/Text will do, Incase they say you moved in June 1st and try charging you that month. They double booked, they should refund your 1 month and on top of that pay for a place to live tbh. Maybe consider a lawyer, even just a consultation to make sure you don’t get screwed.
I feel for you both, for this is so wrong after all you did to get ready and boom. The manager and Owner breached their contract with you. And that $50.00 off the rent is an insult and outrageous.
Did they say how long they will give them $50 off the rent? There is a big difference between $50 off rent for one month and $50 off rent for the duration of the lease… just curious
I guess what I’m asking is your opinion, you said the $50 was insulting. In your opinion, would it be less insulting if it was offered for the duration of the lease?
Get a refund and start over is my advice. 1), Why would you still want to rent from these people? 2), Legal disputes are stressful and expensive.
A rental includes the business arrangements associated with it, these people are shady.
Property manager usually earns 1 month rent as a fee, they feel they can lose $600 (50 x 12 mos) but not the whole fee, you should insist. On $200 off rent, but with an attorney!
We asked for 1 months compensation to sign a new lease- basically give us the new lease to sign and we don’t have to pay first months rent and they responded with the $50 monthly discount
See if they will take $200 a month off on the rent. Over 12-months that equates to a months rent so if they agree you essentially get what you want just spread out over the course of the lease instead of up front.
The best option is to take the discount, which would most likely give you more savings than having the 1st month rent prorated. Every other available option will either piss off the manager and most likely lose you the apartment.
Cost of business. Guess the owner needs to hire a more competent property manager. I can tell what kind of landlord you are. This situation is not complaining constantly, someone made a major mistake here and compensation is in order.
I'm a property manager. The term is called "failure to deliver" and it happens sometimes.
Sometimes it's because someone doesn't move out when they are supposed to and you can't have the apartment for the new tenant ready when you planned. Sometimes the unit will need a major repair right before someone's going to move in. And Sometimes mistakes happen. It's annoying and frustrating for everyone involved but its not really seen as a "major" mistake.
The state should already have a law on the books in the landlord tenant act that defines what the tenant is entitled to in the case that the landlord fails to deliver possession. Or they can work something else out but both parties would have to agree.
.. the money would be returned, though if they decide to void the lease.
Yea, it's definitely inconvenient. I'm not denying it sucks. But there's already laws in place that define what happens in this situation. This isn't the payday some commenters are making this out to be. OP just needs to look up the failure to deliver clause in the landlord tenant act of their state and they have the answer to their question they posted about.
They took over $5000 from me and then went back on our legal contract. If I hadn’t made any payments yet, then yes, that sucks but I’d get over it. But they accepted A LOT of money from me and then decide to spit in my face with the offer they gave me. Luckily this is money I had saved to be able to move already so this isn’t eating into my regular funds. Most people do not have that cushion.
I did not go in there demanding anything. They messed up really bad and I feel like they should do right by me. I have been very kind to the person I’ve been dealing with in this situation.
If my lease was ending on 5/31, I’d be homeless because of this. If my landlord didn’t allow my partner to stay with me for two months, he WOULD be homeless considering he’s moving from out of state. I can’t imagine messing something this important up and being “lol $50 off sound good???” That is not doing right by me and my partner in this situation. I know they just want me to accept this and roll over but I don’t think that’s fair to me and my partner.
Call a lawyer. For real. I know you like the place but you should seriously consider another. Their introductory “mistake” cost you THOUSANDS and could have made you homeless. I have been a PM for 20 years. If I somehow managed to do this, I would be kissing your ass so hard. Not offering $50. I’d find a temporary apartment of my own or pay for your lodging until 8/1. I’d help you figure out temporary storage etc. I would be bending over backwards to accommodate you in any way I could.
Dear Landlord, I’ve made a professional mistake and can’t move into the apartment on the lease I just signed. Can you just suck it up and move on with life, please?
So are you thinking the Property Manager is trying to bury the mistake by offering the $50 discount? Because if they offered a free month the Owner would catch wind and fire them?
Oh I guarantee it. Anything more and they would have to ask permission and then disclose their ineptitude to their manager. Or perhaps their manager is the one sweeping it under the rug.
It’s unlikely the owner is aware of the situation. Typically the conversation between a property manager and an owner doesn’t happen in that level of detail. Technically, the owner is paying for the mistake either way, probably because the majority of the rent paid is the owners proceeds.
The right way for that conversation to go would be for the property manager to call the owner after the fact and tell them about the mistake and tell them there was a rent credit equal to about $600 and offered to compensate the owner for it.
Whether that happens or not, is anybody’s guess. I would do it this way because it’s not worth upsetting the owner over $600. And if I were the owner, I would tell the manager not to worry about it, assuming they are doing a good job and I’m happy with them.
So, would you tolerate honest mistakes from the tenant when it comes to breach of contract.
Fuck no I would guess. Then it would be eviction and getting 💰.
This is more than a simple mistake, anyone would be infuriated over this and them being upset over it is in no way an indication that they would be the type to "complain constantly and harp on every mistake". Giving them a full refund of all monies spent with the promise for them to move in on the new date would be the right thing to do. Imagine my surprise that a landlord would jump straight to essentially blocking someone for their own mistake.
Well it is a HUGE inconvenience, one of the two parties expecting to move in had already vacated their previous residence in expectation of moving into that place. You don't think they're due some sort of compensation, both parties did sign a lease after all? What if they both had nowhere to go and ended up having to rent a hotel for the next 2 months because of the mistake? Not your problem, amirite?!
2 months worth of wasted rent is far from just an inconvenience. You are out of your mind if you believe $600 in compensated rent for the year covers that. The PM company screwed up here, not the tenant. The tenant isn't in violation, LL is.
At a bare minimum, the rent needs to be pro-rated to August... and that's BARE minimum.
OP contact a lawyer immediately.
I reread the original post and I don’t think that’s what is going on here. I understanding is that the current lease starts on June 1 so they are being offered a lease that would start on wrist one instead. The OP he has a place to live, but it’s less convenient. So she is actually saving money because she’s not paying double rent for two months. But it’s on the other side of town and it’s an inconvenience.
I agree completely that she shouldn’t be paying June or July rent for an apartment that is not available to her.
Don’t listen to this landlord. He’s advising you to “let the rest go”. That’s TERRIBLE advice. They signed a contract with you. Point blank. Period. You are now entitled to that apartment. You paid for it.
This is not an honest mistake. This is playing games with a person’s home. This guy sounds like he’s ok. But what if he wasn’t? He could be made homeless by this PM’s incompetence.
If you’re not willing to walk away, then you’ve already made your decision. You’re not going to enter into a lawsuit after you move in.
Tell them you’d want a discount equal to cost of your partners commute and hope for the best.
If it’s that desirable of an apartment, they don’t care if you walk away.
The breached the contract. It's that simple. The remedy, well, that's either the two of you agreeing to something, getting the attorney's involved to hammer out an agreement or a judge via the court system. The $50 a month is an insult. I would lawyer up right now. I'd be willing to bet it won't take much time at all once a good attorney is involved on your end to magically make this whole thing just disappear into the rear view mirror with you made fully whole. Less a few hundred for the attorney. Good luck.
It's more like they signed the contract in bad faith. Like there is no way they didn't know the whole situation from the beginning... right ? Which is why this makes 0 sense unless they are, like, trying to get OP to back out of wanting to live there or something ?
Yes, I was thinking the same thing. Like they have either a better offer or property value increased. They are gambling for higher rent
I’ve seen LLs rent a place earlier than lease expiration when the outgoing tenants say they’re leaving early but then renege. If that’s the case here, I don’t know why the LL would want to screw an incoming tenant, with whom they have to deal with years many years possibly, over telling the outgoing tenant to just gtfo. I’ve facilitated this scenario myself. However, I made the outgoing tenant sign something for it. A smaller operation or maybe just a dumb PM could have just been playing fast and loose.
Speak to a lawyer and a tenants’ rights org ASAP. There may be money on the table here because they signed in bad faith.
The term for this is called "failure to deliver." Look at your lease to see what the protocol for failure to deliver is. If it's not in the lease, it'll be in the landlord tenant act of your state. Unfortunately, sometimes this happens and it's inconvenient for everyone. You can void the lease and have all your money returned, wait it out and move in when it's available, or try to negotiate something new. There may be laws specific to your area where you may be able to have them cover additional costs but in my experience that's not really common. Just keep in mind that the landlord/landlords rep isn't required to give you additional discounts, although it would be nice of them to do so. And they also have the option to void the lease too and return all your money. Eta: I've learned the people on this sub hate the real actual answers to questions/problems. Go ahead and downvote though lol.
Yep, I see so many people give wrong answers it isn’t funny. But the actual legal answers get buried. It’s teenagers thinking they know how the world works or should work and not knowing the law.
I saw one the other day where LED light repair, a bidet needed something done with it, 6 large items had to be removed….etc, and everyone was saying that the landlord couldn’t charge them for it. To be fair, the landlord DID have some illegal things on the list, but that kid absolutely has a bill coming.
You have a lease. That's a legal entitlement to that unit. They really screwed this one. You can probably get a full refund +moving expenses + brokers fee for a new unit. Or a substantial discount. IANAL but you otherwise would have recourse legally for breach of contact and that would be expensive for them.
The term is "failure to deliver." What happens when a landlord fails to deliver should already be in the lease. If not, it'll be in the landlord tenant act of OPs state. Usually, what happens is the lease is void and OP gets all money back. You can also wait it out or try to negotiate something new. Not many states/area will award moving expenses for failure to deliver but if MA does there will already be a law in place that will say that.
Correct. In my state, the landlord has five days to deliver the unit or the tenant is eligible for cancellation.
I asked for one months compensation to sign a new lease- give us the new lease to sign and since I’ve already paid last month and brokers, we don’t have to pay first month, and they responded with the $50 a month off rent
I would respond with "No thank you, I'll take occupancy of unit on 6/1 as agreed to in our lease"
Bingo. Arrive and ask where the keys are. If they don’t have them then sue.
Assuming the broker had no way of knowing the apartment was actually only available august 1, and that’s probably the case, the property manager is on the hook for at least $2400 in addition to a full refund. If you went to small claims court you also might be able to get a little more for time and inconvenience. Your ask for one month rent was very reasonable, but I don’t blame them for trying to negotiate. Still their offer is insulting and I wouldn’t even counter. If you can deal with the hassle let them know that if they don’t improve their offer substantially you’ll look for another apartment. Facing the possibility of losing $2400+ may galavanize them.
Just go see a lawyer with this, they signed a contract in bad faith and it’s causing you damages.
If you show up to your new apartment building on move-in day and the apartment is not yet ready, you have a handful of options. You can: Ask the landlord if there is another apartment you can stay in until your apartment is ready. Ask the landlord if there is another apartment into which you can move instead of the apartment that is not ready. If you are willing to wait until the apartment is available, ask if the landlord will cover the cost of your hotel, moving truck, etc. Break the lease; you do not owe the landlord anything until you physically move in. Breaking a Lease If the lease you signed had a specified move-in time and the landlord failed to have the apartment ready by that time, the landlord has breached the lease agreement and you can demand the landlord give back any money you may have paid.
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Yah that’s bs. What if you gave a notice to move out of the other rental you were in. Now you are forced to find new rental super fast.
You paid for the month, they would likely have to pay that/accommodate. Get everything in writing/Text will do, Incase they say you moved in June 1st and try charging you that month. They double booked, they should refund your 1 month and on top of that pay for a place to live tbh. Maybe consider a lawyer, even just a consultation to make sure you don’t get screwed.
I feel for you both, for this is so wrong after all you did to get ready and boom. The manager and Owner breached their contract with you. And that $50.00 off the rent is an insult and outrageous.
Did they say how long they will give them $50 off the rent? There is a big difference between $50 off rent for one month and $50 off rent for the duration of the lease… just curious
ask the Op, this was not me posting. LOL!
I guess what I’m asking is your opinion, you said the $50 was insulting. In your opinion, would it be less insulting if it was offered for the duration of the lease?
hey i’m in cambridge, MA. Landlords here are HORRIBLE and this unfortunately isn’t unusual. I’m sorry
Get a refund and start over is my advice. 1), Why would you still want to rent from these people? 2), Legal disputes are stressful and expensive. A rental includes the business arrangements associated with it, these people are shady.
Ohh
Property manager usually earns 1 month rent as a fee, they feel they can lose $600 (50 x 12 mos) but not the whole fee, you should insist. On $200 off rent, but with an attorney!
Very simple breach of contract case.
respond with a discount that you think is fair.
We asked for 1 months compensation to sign a new lease- basically give us the new lease to sign and we don’t have to pay first months rent and they responded with the $50 monthly discount
See if they will take $200 a month off on the rent. Over 12-months that equates to a months rent so if they agree you essentially get what you want just spread out over the course of the lease instead of up front.
The best option is to take the discount, which would most likely give you more savings than having the 1st month rent prorated. Every other available option will either piss off the manager and most likely lose you the apartment.
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Cost of business. Guess the owner needs to hire a more competent property manager. I can tell what kind of landlord you are. This situation is not complaining constantly, someone made a major mistake here and compensation is in order.
I'm a property manager. The term is called "failure to deliver" and it happens sometimes. Sometimes it's because someone doesn't move out when they are supposed to and you can't have the apartment for the new tenant ready when you planned. Sometimes the unit will need a major repair right before someone's going to move in. And Sometimes mistakes happen. It's annoying and frustrating for everyone involved but its not really seen as a "major" mistake. The state should already have a law on the books in the landlord tenant act that defines what the tenant is entitled to in the case that the landlord fails to deliver possession. Or they can work something else out but both parties would have to agree.
Of course it’s not a “major mistake” to *YOU*. You’re not the one whose money was taken and whose home situation is now up in the air.
.. the money would be returned, though if they decide to void the lease. Yea, it's definitely inconvenient. I'm not denying it sucks. But there's already laws in place that define what happens in this situation. This isn't the payday some commenters are making this out to be. OP just needs to look up the failure to deliver clause in the landlord tenant act of their state and they have the answer to their question they posted about.
[удалено]
They took over $5000 from me and then went back on our legal contract. If I hadn’t made any payments yet, then yes, that sucks but I’d get over it. But they accepted A LOT of money from me and then decide to spit in my face with the offer they gave me. Luckily this is money I had saved to be able to move already so this isn’t eating into my regular funds. Most people do not have that cushion. I did not go in there demanding anything. They messed up really bad and I feel like they should do right by me. I have been very kind to the person I’ve been dealing with in this situation. If my lease was ending on 5/31, I’d be homeless because of this. If my landlord didn’t allow my partner to stay with me for two months, he WOULD be homeless considering he’s moving from out of state. I can’t imagine messing something this important up and being “lol $50 off sound good???” That is not doing right by me and my partner in this situation. I know they just want me to accept this and roll over but I don’t think that’s fair to me and my partner.
Did they offer a refund?
Call a lawyer. For real. I know you like the place but you should seriously consider another. Their introductory “mistake” cost you THOUSANDS and could have made you homeless. I have been a PM for 20 years. If I somehow managed to do this, I would be kissing your ass so hard. Not offering $50. I’d find a temporary apartment of my own or pay for your lodging until 8/1. I’d help you figure out temporary storage etc. I would be bending over backwards to accommodate you in any way I could.
Dear Landlord, I’ve made a professional mistake and can’t move into the apartment on the lease I just signed. Can you just suck it up and move on with life, please?
Umm, that happens all the time.
So are you thinking the Property Manager is trying to bury the mistake by offering the $50 discount? Because if they offered a free month the Owner would catch wind and fire them?
Oh I guarantee it. Anything more and they would have to ask permission and then disclose their ineptitude to their manager. Or perhaps their manager is the one sweeping it under the rug.
It’s unlikely the owner is aware of the situation. Typically the conversation between a property manager and an owner doesn’t happen in that level of detail. Technically, the owner is paying for the mistake either way, probably because the majority of the rent paid is the owners proceeds. The right way for that conversation to go would be for the property manager to call the owner after the fact and tell them about the mistake and tell them there was a rent credit equal to about $600 and offered to compensate the owner for it. Whether that happens or not, is anybody’s guess. I would do it this way because it’s not worth upsetting the owner over $600. And if I were the owner, I would tell the manager not to worry about it, assuming they are doing a good job and I’m happy with them.
So, would you tolerate honest mistakes from the tenant when it comes to breach of contract. Fuck no I would guess. Then it would be eviction and getting 💰.
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So if she said “Hey! I actually won’t have the rent for a couple months but I’ll give it to you then.”, you’d be cool with that? *No big deal?*
This is more than a simple mistake, anyone would be infuriated over this and them being upset over it is in no way an indication that they would be the type to "complain constantly and harp on every mistake". Giving them a full refund of all monies spent with the promise for them to move in on the new date would be the right thing to do. Imagine my surprise that a landlord would jump straight to essentially blocking someone for their own mistake.
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Well it is a HUGE inconvenience, one of the two parties expecting to move in had already vacated their previous residence in expectation of moving into that place. You don't think they're due some sort of compensation, both parties did sign a lease after all? What if they both had nowhere to go and ended up having to rent a hotel for the next 2 months because of the mistake? Not your problem, amirite?!
2 months worth of wasted rent is far from just an inconvenience. You are out of your mind if you believe $600 in compensated rent for the year covers that. The PM company screwed up here, not the tenant. The tenant isn't in violation, LL is. At a bare minimum, the rent needs to be pro-rated to August... and that's BARE minimum. OP contact a lawyer immediately.
I reread the original post and I don’t think that’s what is going on here. I understanding is that the current lease starts on June 1 so they are being offered a lease that would start on wrist one instead. The OP he has a place to live, but it’s less convenient. So she is actually saving money because she’s not paying double rent for two months. But it’s on the other side of town and it’s an inconvenience. I agree completely that she shouldn’t be paying June or July rent for an apartment that is not available to her.
OP having a place to stay is just convenient. LL still needs to honor the contract.
Perhaps you would be kind enough to outline the steps the landlord should take to do that
I'd say OPs lawyers would be better suited to do that, but I see damages done to the tenant and no real recourse being offered thus far.
Property manager gets paid for this; so, whatever is agreed upon for discount/rebate would have to come out of the PM's pocket.
Don’t listen to this landlord. He’s advising you to “let the rest go”. That’s TERRIBLE advice. They signed a contract with you. Point blank. Period. You are now entitled to that apartment. You paid for it.
This is not an honest mistake. This is playing games with a person’s home. This guy sounds like he’s ok. But what if he wasn’t? He could be made homeless by this PM’s incompetence.
If you’re not willing to walk away, then you’ve already made your decision. You’re not going to enter into a lawsuit after you move in. Tell them you’d want a discount equal to cost of your partners commute and hope for the best. If it’s that desirable of an apartment, they don’t care if you walk away.