Problem with lease signing

[neva1]

What is the name of your state (only U.S. law)? CA

Due to a new job, I am living out of hotels in the last 4 weeks and I thought I have found a new place to live about 4 weeks ago. The initial move in date was Sep 4th, then it became Sep 16th then finally Sep 23rd which is this upcoming Monday, due to remodeling job taking longer. So far so good I said and in the process I paid $1K holding deposit to this lady (which is mentioned on the lease under deposit)

Since Monday, the rental company rep and myself are playing tag with the lease agreement. They first put wrong address on the lease then this and then that. Finally yesterday, I started signing it (electronically) and in the middle of the process, I amgetting this text message from the lady who showed us this house, telling me that I can not move in at least till Oct 11th. No matter, I went ahead and completed the signing process.

Now, we have a year long lease (Am I right to assume that ? there was an electronic signature of one of the company guys on the lease before I started signing it) But looks like I will not be able to move in on the date recorded as the start of my lease, into this property. I MUST be out of my current place by Sunday. Plan was to rent a uhaul and hire a couple of guys and load up the truck on Sunday and drive to my new place. Stay at a hotel overnight and start moving in come Monday morning. Under the circumstances, I will have to pay for hotel for another 3 weeks as well as storage for my property and an additional, otherwise not needed unloading and loading of the uhauyl truck as well as an additional day of truck rental. And all because, the landlord company could not get their act together.

Under the circumstances, Can I enforce the signed lease agreement and pay them what I owe and ask them to cover my living and storage expenses (a decent hotel+public storage rental) until the place is ready to move in ?

Thank you

 

[Zigner]

Sure, you can ask. But what are you going to do if they say no? You would need to sue. Another option is to ask to be let of out of the agreement, have your money refunded and find a new place to live.

 

[neva1]

Sure, you can ask. But what are you going to do if they say no? You would need to sue. Another option is to ask to be let of out of the agreement, have your money refunded and find a new place to live.

I am going to ask for the refund of my money. That is a sure thing, but now, since they did not abide by the terms of the lease, until I find a new place, I am out of more money than I would, if I lived in this house. Can I recoup (even if I need to sue) the difference ? House rent is $2K per mo. (~67/day) Any hotel who will take two people with 1 dog and 2 cats, which will have a small kitchen (can't eat out a lot due to health conditions) will run me about $125-150 per day (plus tax) and then the storage expenses, which I wouldn't incur otherwise.

 

[neva1]

Okay the property delivery day has come and past. Now I want my holding deposit back from these people. How long of a time can they sit on my money before returning it to me ?

Thanks again.

 

[Gail in Georgia]

"Can I recoup (even if I need to sue) the difference ? House rent is $2K per mo. (~67/day) Any hotel who will take two people with 1 dog and 2 cats, which will have a small kitchen (can't eat out a lot due to health conditions) will run me about $125-150 per day (plus tax) and then the storage expenses, which I wouldn't incur otherwise. "

Seriously? You can't recoup what you haven't yet spent. In addition, is it the rental property's responsibility that you have 1 dog, 2 cats and need a small kitchen because you can't eat out a lot due to health issues?

"How long of a time can they sit on my money before returning it to me?"

As previously stated, you need to ASK to be let out of your agreement, request the money be refunded to you and find a new place to live. Have you done any of this yet?

Gail

 

[neva1]

"Can I recoup (even if I need to sue) the difference ? House rent is $2K per mo. (~67/day) Any hotel who will take two people with 1 dog and 2 cats, which will have a small kitchen (can't eat out a lot due to health conditions) will run me about $125-150 per day (plus tax) and then the storage expenses, which I wouldn't incur otherwise. "

Seriously? You can't recoup what you haven't yet spent. In addition, is it the rental property's responsibility that you have 1 dog, 2 cats and need a small kitchen because you can't eat out a lot due to health issues?

"How long of a time can they sit on my money before returning it to me?"

As previously stated, you need to ASK to be let out of your agreement, request the money be refunded to you and find a new place to live. Have you done any of this yet?

Gail

Yes I found a new place to live and signing the lease today. This is why I need my money back so that I can put it towards the new place's deposit. And how can they hold me responsible for the agreement we made where they did not fulfill their obligation to deliver me the property keys on the date indicated date on the lease. So, "ASK" is very unnecessary I suppose. I "DEMAND" to be refunded due to breach of contract. If the situation is reversed, say I broke my arm and could not carry anything to relocate myself, I am sure they would no problem coming after me to collect the rent. Why should I be subject to a different treatment and just ASK them ?

 

[Gail in Georgia]

"Yes I found a new place to live and signing the lease today."

Congratulations on finding a new place so quickly.

" I "DEMAND" to be refunded due to breach of contract."

Okie Dokie.

Gail

 

[Searchertwin]

What is the name of your state (only U.S. law)? CA

Since Monday, the rental company rep and myself are playing tag with the lease agreement. They first put wrong address on the lease then this and then that. Finally yesterday, I started signing it (electronically) and in the middle of the process, I amgetting this text message from the lady who showed us this house, telling me that I can not move in at least till Oct 11th. No matter, I went ahead and completed the signing process.

Thank you

You agreed to move in on the 11th. The lady who showed you the house caught you BEFORE you sign the lease. It was YOUR option to sign or not.
You both agreed that the move in date would be the 11th.
So, does the LL owe you for all your troubles? No

In CA, an oral agreement is binding even when there is a lease already there.
CIVIL CODE
SECTION 1697-1701
1698. (b) A contract in writing may be modified by an oral agreement to
the extent that the oral agreement is executed by the parties.

 

[Zigner]

You agreed to move in on the 11th. The lady who showed you the house caught you BEFORE you sign the lease. It was YOUR option to sign or not.
You both agreed that the move in date would be the 11th.

In CA, an oral agreement is binding even when there is a lease already there.
CIVIL CODE
SECTION 1697-1701
1698. (b) A contract in writing may be modified by an oral agreement to
the extent that the oral agreement is executed by the parties.

According to your logic, the lease signing was the last thing to occur. The lease reduces all prior negotiations to that one writing. So, the lease should be the controlling document.