Apartment Transfer due to inhabitable conditions

[Nicole0828]

What is the name of your state? NC
Hi there! I moved into my apartment June 2017. Back in December 2018 we discovered whenever it rains heavy, our master bedroom will leak. Well it's to the point where there is a stain along a wall of my apartment as well as the ceiling.

Now that we have a new PM company there seems to be a sense of urgency to fix this issue. Myself and the 2 people above me were notified on Monday that we had until Friday to make a decision as to transfer apartments or move with no lease violation. One of my options is a "classic" apartment in a building Known for pest control issues and a "renovated" apartment that looks EXACTLY like mine for a grand total of $215/mo more.

I asked the property manager to transfer my rate to the apartment that looks just like mine, I was told no. I told her I felt like I was being penalized with not much time or money to do anything (rent is paid up until August) for something beyond my control as I just signed a new lease on 6/10 this is her response below

Dear Brittany

I spoke with Laura, the Regional Director. There is no middle ground here. We are not able to honor the price of your current apartment per the lease agreement for any apartment on this property except for the one listed on the lease: 6510-B. We are going beyond our due diligence by offering to transfer to a “same” apartment (this is based on our records) for the same rate. We are also offering a $300 visa gift card for the inconvenience. Willow Creek is NOT responsible for continuing to lose money on an error made by former management by not having your current apartment priced correctly. In fact, rather than consider it a penalty, it is a happy accident that you have gotten an undocumented discount on your apartment for the last three years. This is the final word.

Thank you,

My questions are:
1) How much notice do they have to give for us to vacate?
2) can they legally do this as their is a binding contract in effect?

Please let me know of my options as I am very upset, having anxiety attacks and taking it out on my family. Any insight would be greatly appreciated!

 

[Mass_Shyster]

I find it extremely suspicious that one week after you signed a new lease (presumably for a year) that they suddenly decided that your apartment is no longer inhabitable. I think they screwed up and didn't increase your rent and are using this as a way to force an increase on you.

Find a tenant's rights attorney TOMORROW.

 

[LdiJ]

I find it extremely suspicious that one week after you signed a new lease (presumably for a year) that they suddenly decided that your apartment is no longer inhabitable. I think they screwed up and didn't increase your rent and are using this as a way to force an increase on you.

Find a tenant's rights attorney TOMORROW.

I agree. You have a lease. They have to honor that lease.

 

[Nicole0828]

I agree. You have a lease. They have to honor that lease.

I find it extremely suspicious that one week after you signed a new lease (presumably for a year) that they suddenly decided that your apartment is no longer inhabitable. I think they screwed up and didn't increase your rent and are using this as a way to force an increase on you.

Find a tenant's rights attorney TOMORROW.

I agree all across the board. I'm penalized for your old Managements "mistake" which I truly don't believe is one. Im in North Raleigh and our market has been booming. I plan to look at our apartment file tomorrow to see if the style was ever indicated. I feel like they're trying to push me out. I negotiated keeping my rental rate the same for exchange of taking down my negative review that simply stated they are nonchalant (I fixed that for you Just Blue) and dont handle matters to only be hit with this!

 

[Just Blue]

I agree all across the board. I'm penalized for your old Managements "mistake" which I truly don't believe is one. Im in North Raleigh and our market has been booming. I plan to look at our apartment file tomorrow to see if the style was ever indicated. I feel like they're trying to push me out. I negotiated keeping my rental rate the same for exchange of taking down my negative review that simply stated they are non chalant and dont handle matters to only be hit with this!

A bit off topic. I actually looked up the word "chalant".

Nonchalant is one word.

https://www.urbandictionary.com/define.php?term=chalant

 

[Nicole0828]

A bit off topic. I actually looked up the word "chalant".

Nonchalant is one word.

https://www.urbandictionary.com/define.php?term=chalant

thanks for the grammar lesson. Any other helpful insight you have there?

 

[Just Blue]

thanks for the grammar lesson. Any other helpful insight you have there?

Do as Mass_Shyster say and seek an attorney.

 

[Nicole0828]

Do as Mass_Shyster say and seek an attorney.

Done. Thanks for your valuable contribution to my thread!

 

[Just Blue]

Done. Thanks for your valuable contribution to my thread!

You're so welcome, Dear. Have a lovely day!!

 

[FarmerJ]

Nicole do your self a favor , make some extra copies of the current lease and store them off premise such as say one in your car glove box and maybe another at a trusted friend or relatives ! WHY well if your copy of the lease were to magically vanish into thin air then you would still have a copy. AS to your LL and their bully tactics as long as your lease doesn't grant then the right to terminate it early then I suggest you again tell them if they wont let you have another unit at the same price you now pay that they should consider talking to their attorney since you will be speaking to yours. AS to the one building that you mentioned has pest control problems , IF you did move there document with pics the pest and send the LL certified letter telling them if they do not call a exterminator and get the unit treated and treated regularly until the pest are gone , you wont have a problem asking your city building inspections to come out and order them to deal with it.

 

[Nicole0828]

Thank you! I actually docusigned my lease electronically so I have a pdf copy stored on my phone as well as on my onedrive I will review my lease as to their rights to terminate me prior to. I also did myself a favor and got a legal aid attorney. The apartment is okay to live in but apparently they will be doing a lot of siding. I went in yesterday to speak face to face. I'm most unhappy because there are far more apartments available than the options she is giving me as not all of the vacancies are "updated" (literally looking at 2 now!) Its crossed my mind to file a HUD complaint too as I homeschool my youngest and she asked at my recent lease renewal to "make my house not look so much like a school" I feel like they noticed this discounted rate and want to force me out any means necessary.

 

[FarmerJ]

LOL so next time you see her ask her to tell you what part of the lease bars tenants from home schooling ? GET those electronic copies printed ASAP, if your devices become damaged you wont have the on real paper record of the lease.

 

[Nicole0828]

Printed! I was advised by the attorney to keep trying to get them to negotiate. If (and they are) they are unwilling to match my rate for a comparable she advised that I sue in small claims court for breach of my current lease for the difference (215×11) plus any related moving expenses such as eating out, truck rental, moving help, etc
I hope this proves to be successful