Signed Lease but Mgmt Co. won't give me Keys to Apartment

[Mich778]

What is the name of your state? Connecticut

This is regarding an apartment complex in Stamford Ct.

I signed a lease starting December 26, 2007 and even prorated for the last 5 days in December since originally the lease was going to begin January 1, 2008.

The property mgmt co. refuses to give me the keys & access to the apartment because I did not produce a full pay stub which she said was required before I got the keys even though it didn't say anything about this when I signed the lease and gave money orders & certified check for the total balance.

I am a contract employee corp. to corp. paid on a 1099 arrangement. I bill the hours for the month and I get a check. The check just says the number of hours worked and pay. Nothing is taken for taxes. This is a 12 month contract.

The woman at the mgmt office says that I must produce a full paystub to get the keys BUT since I already signed the lease I am obligated to the apartment. She also never gave me receipts for any of the monies i gave which were $300 on Credit Card, $500 by Money order, & $3,200 by Certified Bank Check.

So what do I do here? I can't believe they would do this because this is a large property mgmt co which has properties thruout CT.

Note, I already signed a year lease and the check has already cleared.

 

[ncpropmgr]

What is the name of your state? Connecticut

This is regarding an apartment complex in Stamford Ct.

I signed a lease starting December 26, 2007 and even prorated for the last 5 days in December since originally the lease was going to begin January 1, 2008.

The property mgmt co. refuses to give me the keys & access to the apartment because I did not produce a full pay stub which she said was required before I got the keys even though it didn't say anything about this when I signed the lease and gave money orders & certified check for the total balance.

I am a contract employee corp. to corp. paid on a 1099 arrangement. I bill the hours for the month and I get a check. The check just says the number of hours worked and pay. Nothing is taken for taxes. This is a 12 month contract.

So give her a paystub...that one you get should work fine...people work on contracts all the time. Why not take her three or four of the last four months paystubs to prove that this is something with history to it? (or have you not started working yet...if so...get a copy of the 12 month contract as it should have payment arrangements for work completed..as I know I wouldn't sign a contract to work without compensation on it. This would SOLVE your problem!

The woman at the mgmt office says that I must produce a full paystub to get the keys BUT since I already signed the lease I am obligated to the apartment. She also never gave me receipts for any of the monies i gave which were $300 on Credit Card, $500 by Money order, & $3,200 by Certified Bank Check. She never gave you receipts? Did you ask for receipts?


So what do I do here? I can't believe they would do this because this is a large property mgmt co which has properties thruout CT. If all else fails call the corporate office...the internet should provide this information for you.

Note, I already signed a year lease and the check has already cleared.

Please see above to remedy this situation. All they are asking you for is what they ask from every other applicant. You can't buy a car without a paystub, you can't buy a house with out some sort of verifiable income, why would they lease you an apartment?

 

[ecmst12]

Did the LL sign the lease also? If so, they are in breach of the contract by not allowing you access to your apartment. Whether or not they SHOULD have signed the lease without receiving a pay stub is irrelevent. This is exactly as if you had signed the lease and the next day changed your mind and wanted to back out. In that case, YOU would still be liable for rent until the apartment was re-rented, and would be entitled to posession until that time. They entered into the contract and now are trying to back out - sorry, no can do. I would consult a local LL/T attorney and see what you can do about either getting into your apartment, or getting the lease dissolved with a full refund of your money plus damages.

 

[Alaska landlord]

It is very probable that the manager has not signed the lease and is still trying to tie up loose ends. The important thing was to bag you as a tenant before you went elsewhere.
Forget the attorney for now as it would be a waste of money. Show up with your employment contract and above all get a receipt for the amount tendered. If you get a less than positive response, then you find an attorney for a refund. In the future never give anyone money without insisting that a receipt be given to you. In the meantime don’t throw away any payment stubs.

 

[Mich778]

Please see above to remedy this situation. All they are asking you for is what they ask from every other applicant. You can't buy a car without a paystub, you can't buy a house with out some sort of verifiable income, why would they lease you an apartment?

It is irrelevant at this point. I already paid rent & security for first month and the check was cashed plus I signed the lease. Plus, nothing on the lease nor application said anything about requiring a paystub or verifyable income to rent an apartment. They should have asked for this when they did the credit check & when I filled out the application.

What if god forbid you aren't working but have money to rent the apartment.

Seems way too late for me.

Hopefully a judge and my attorney will see it the same way when I sue not only for all of the money back but for treble damages due to money lost having to buy furniture and arrange for movers where I lost the deposits.

 

[johnd]

It is not irrelevant if, as written above, the lease is not also signed by the LL. You wrote that you signed the lease, but did he? If so, then he has no right to withold occupancy unless so stipulated in the lease.

 

[ncpropmgr]

It is irrelevant at this point. I already paid rent & security for first month and the check was cashed plus I signed the lease. Plus, nothing on the lease nor application said anything about requiring a paystub or verifyable income to rent an apartment. They should have asked for this when they did the credit check & when I filled out the application.

What if god forbid you aren't working but have money to rent the apartment.

Seems way too late for me.

Hopefully a judge and my attorney will see it the same way when I sue not only for all of the money back but for treble damages due to money lost having to buy furniture and arrange for movers where I lost the deposits.

See, if it were me, I would refund your money in a HEARTBEAT so I wouldn't have to put up with an idiot over the next 12 months...as you are the type of person who is always right and feels like you are "special" and should be treated differently than everyone else. BUT then, IF I offered that you would throw a fit and say you "wanted" to live there and there is nowhere else for you to go. Works like a charm. You must not really have a job, if it is that hard to supply the LL with some sort of income verficiation.

We LL are NOT in the business of babysitting you, nor are we out to make your move the most unthinkable painful process in the world. You are no better than anyone else, GIVE them a paystub, I GUARANTEE it will be much less hassle then having to go to court, where you WON'T win...especially without a LL signature on that lease agreement!

 

[las365]

See, if it were me, I would refund your money in a HEARTBEAT so I wouldn't have to put up with an idiot over the next 12 months...as you are the type of person who is always right and feels like you are "special" and should be treated differently than everyone else. BUT then, IF I offered that you would throw a fit and say you "wanted" to live there and there is nowhere else for you to go. Works like a charm. You must not really have a job, if it is that hard to supply the LL with some sort of income verficiation.

We LL are NOT in the business of babysitting you, nor are we out to make your move the most unthinkable painful process in the world. You are no better than anyone else, GIVE them a paystub, I GUARANTEE it will be much less hassle then having to go to court, where you WON'T win...especially without a LL signature on that lease agreement!

I don't think this sort of personal attack on the OP is warranted. It does not seem unreasonable to expect to take possession of the rental unit as of the date the lease begins when he has signed the lease and paid the deposit and the rent. If the paystub was that big a deal, they should not have let him sign the lease or taken his money until they had it.

Now, why he hasn't just given them what documentation he has of his income is another matter.

 

[ecmst12]

I was under the impression that he had provided the paystubs that he had, but they were not accepted by the LL. But he did not actually SAY he had done that.

 

[ncpropmgr]

I don't think this sort of personal attack on the OP is warranted. It does not seem unreasonable to expect to take possession of the rental unit as of the date the lease begins when he has signed the lease and paid the deposit and the rent. If the paystub was that big a deal, they should not have let him sign the lease or taken his money until they had it.

Now, why he hasn't just given them what documentation he has of his income is another matter.

This is not a "personal attack," we aren't in a presidential debate...the TRUTH hurts and that is just what this is. This person thinks they are at the arms of a landlord, when truth is they hold all the cards.

 

[Alaska landlord]

OP has not made it clear if the manager has also signed the lease. He has on one hand claimed that he makes a certain amount of income but is unable to provide a full paystub to the manager. I am sure that somewhere in the paperwork he has been provided it will say something to the effect that possession is contingent on verification of income.
I don’t particularly like the way the manager has handled this because it causes confusion on the part of the applicant. Since the applicant signed the lease he thinks he has a contract. It does not matter to him that she may not have signed it. He is now refusing to take any of the necessary steps needed to correct the problem.

 

[las365]

you are the type of person who is always right and feels like you are "special" and should be treated differently than everyone else. BUT then, IF I offered that you would throw a fit and say you "wanted" to live there and there is nowhere else for you to go. Works like a charm. You must not really have a job, if it is that hard to supply the LL with some sort of income verficiation.

Yes, this was a personal attack on the OP. There is no evidence to support your conclusions about his character, what his response would be if they offered to refund his payments, and that he is lying to the LL. The fact that this is not a presdential debate is irrelevant.

There is also not enough evidence to know whether OP has done what he should have done in this situation; however, if what he describes is accurate, it is wrong for the LL to accept the rental payment for a specific rental period and then refuse to allow access to the property.

 

[ncpropmgr]

u are an idiot...there you have your personal attack!

 

[Alaska landlord]

lAS365 WROTE:

There is also not enough evidence to know whether OP has done what he should have done in this situation; however, if what he describes is accurate, it is wrong for the LL to accept the rental payment for a specific rental period and then refuse to allow access to the property.

Not entirely. A landlord should accept rental payment, make sure all checks clear and verify that the information received from the applicant is current and correct. If at any point something does not check out, or the applicant refuses to meet any other conditons pertaining to possession, then the LL is within his rights to cancel the lease.

Also, how many times must you be told that we don’t know if the manager signed the lease?

 

[las365]

The woman at the mgmt office says that I must produce a full paystub to get the keys BUT since I already signed the lease I am obligated to the apartment.

If this is accurate, the LL's position appears to be that the lease is in full force and effect. They can't have it both ways. If he is bound by the lease, so is the LL. If there is a condition precendent to the lease becoming a legally binding contract, and the condition is not met, then the lease is void for them and for him and he should receive a refund of his rental payment.

Whether the LL is entitled to keep part or all of application fees or deposits is another question, as is whether the tenant is entitled under the law to recoup damages he incurred in reliance on being able to take possession of the property pursuant to the lease agreement.