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Landlord will not honor leasing agreement

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unix04

Junior Member
location: Los Angeles, CA

Hi, I'm currently in the process of moving to another apartment, and I have about a week before I have to leave my current residence. About a month ago, I signed a leasing agreement at a new apartment. One of the big selling points of this property was their promise to do some construction work to add a wall and set up vinyl flooring for the unit at no expense to us. We signed a contract which included these changes by the move-in date.

Yesterday, I dropped by to sign some more paperwork and check out the renovations. However, it turned out that the renovations were not done, and the unit had been left untouched without any work done at all. This left me quite frustrated, as I had checked with them twice [once after signing the initial paperworkd and another time a couple days later] that they would install the vinyl flooring. Furthermore, they said the unit would be ready by May 10th, and I was perplexed as to why nobody bothered to check at any point in the process.

That said, I am trying to get them to install the flooring. They are trying to offer me a 2nd parking spot as consolation. That is unacceptable. I am wondering if I can force them to install the floors using legal measures. Or in the case that the contract becomes nullified, if I can have them pay for my lodging for a few weeks while I find another place.

For whatever reason, whether honest or dishonest, they screwed up and I want them to either fix the problem or pay for the financial inconvenience they have caused [due to their failure] while I resolve the issue.

Thanks for your time and hopefully I can get some quick responses...
 


atomizer

Senior Member
I doubt you can have them agree to pay your hotel bill. They are not refusing to replace the vinyl, all you have is a delay in the work. It is your choice not to move in.
 

unix04

Junior Member
I doubt you can have them agree to pay your hotel bill. They are not refusing to replace the vinyl, all you have is a delay in the work. It is your choice not to move in.
Thanks for the response. I spoke with them over the phone, and they said they wouldn't do it. what are my options now?
 

FarmerJ

Senior Member
If your copy of the lease promised the work to be done by the time you moved in they have breached a contract. As long as you have a copy of the lease you can reject the unit again as long as you have a copy of the lease showing the promised work & dates , Go on over again, take pics of the unit have developer date them. You havent said how much money you have given to them ? as long as you have a copy of the lease make another copy , send it along with a letter via certified mail telling them they have breached the lease and you wont be moving in , to return any money you have given them. They are going to have to prove to a court they didnt breach the lease if they sue you. LLs are held to a higher standard when it comes to leases If they had no intention of doing the work they should have found another customer to take the unit and not promised in writting what they did. BTW if you have to sue to get deposit funds or other moneys paid back you too will have to show the court your lease copy, and the pics would help then LL can explain to the court why they are entitled to keep any money since they breached the lease.
 
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unix04

Junior Member
If your copy of the lease promised the work to be done by the time you moved in they have breached a contract. As long as you have a copy of the lease you can reject the unit again as long as you have a copy of the lease showing the promised work & dates , Go on over again, take pics of the unit have developer date them. You havent said how much money you have given to them ? as long as you have a copy of the lease make another copy , send it along with a letter via certified mail telling them they have breached the lease and you wont be moving in , to return any money you have given them. They are going to have to prove to a court they didnt breach the lease if they sue you. LLs are held to a higher standard when it comes to leases If they had no intention of doing the work they should have found another customer to take the unit and not promised in writting what they did. BTW if you have to sue to get deposit funds or other moneys paid back you too will have to show the court your lease copy, and the pics would help then LL can explain to the court why they are entitled to keep any money since they breached the lease.
Thanks farmerJ. They hold a $500 security deposit, but I have several hundreds of dollars in fees that I've paid for renters insurance, utility setup, etc. Are they liable to cover this as well?
 

FarmerJ

Senior Member
Your free to choose to include utility set up fees ,the insurance I would tell you to ask the agent if you can terminate the policy and have one written up for a new place with the payment applying to it. If insurance co says no , your free to include it and ask the court to allow it if the lease required insurance. I have a hard time seeing you getting utility connection fees but your free to ask for it in the filing.
 

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