Applications processed and denied after lease signed, being charged extra deposit.

[drgnflyr21]

I live in Littleton colorado.
We signed our lease and moved into our apartment Feb. 7, 2001 and on Feb. 8th the apartment manager processed our applications and we were denied. Now they want us to pay another $915.00 deposit to live here.
Can they do this. The lease is already signed and they said if we don't pay the $915.oo by the 1st of march, we will be evicted.
Why should I pay for their mistake. I'm not paying them and we are going to take this to court. According to the lease they cannot make any changes in rent or deposits until lease term ends. But the apartment manager says she can break the lease.
Does anyone know if they have the right to do this?

 

[LL]

I don't know anything about CO law, but I doubt that they can break a valid lease without some good reason.

Did THEY sign the lease?

If the lease is executed by both parties, then you are probably both bound by the terms.

If they really signed the lease, let you move in, then processed your application and found you to be a poor risk, or whatever, they aren't very good businessmen.

I think they are stuck with you. Now change their minds, be excellent tenants and show them how wrong they were.

 

[djdj]

You cant be evicted on the landlord negligence to do his homework. A lease is a lease and both sides must honor it.

What you can do is hire a lawyer and counter sue the complex for your legal fees days off from work, if they sue you.....it does work both ways.

As long as you did not falsefy any information, and it is due to the LL neglect, then if they want you out, tell them to pay you to move.

 

[LL]

dj, your posts just aren't fun to read anymore.

 

[HomeGuru]

LL, don't encourage him.

 

[djdj]

i guess i need to get back to work......its been pretty slow that last 2 weeks.....

 

[drgnflyr21]

Thanks for your help. I'm going to find a lawyer tomorrow and settle this thing. Problem is my fiance is the only one working and we had to break our last lease cause 3 roommates left me and I had just lost my job. SO we transfered to these apartments and they are managed by the same people that mangaged our last one. They are being so rude to us. They put brand new carpet in this place and they found out I have a 3 year old. So now I'm wondering if are just trying to make excuses to get me to pay more money incase my son ruins this carpet. Cause if I was denied to live here then I shouldn't be able to live here. I think they just want money.......and they aren't going to get it!!!!
I'll keep you guys updated on what happens tomorrow.
Kristina

 

[LL]

It sounds like you have been a bad tenant to many landlords and you are going to be in danger that no one will rent to you.

I think that you have convinced yourself that the problem is the landlord and that what he wants is money, in order for you not to face the fact that you may be a very undesirable tenant. I suppose that it is foolish to tell you to wake up and think about what you are doing, but you should do that.

I don't think that the landlord wants more deposit because he wants to get the money from you. I think that they have realized that you are a bad risk, and they need to have the additional deposit to cover the damage that they expect you to do, based on your record.

They can break the lease for a variety of good reasons, including if you told any lies on the application, you do damage to the property, you do not pay rent strictly on time or you or any member of your household is a nuisance. Also, if you cannot get along with the management, almost all judges will side with the management under the judicial rule of business judgement.

 

[drgnflyr21]

I'm sorry but you are so wrong in what you just said.
I am not a bad tenant. I was the one left with all the responsibilities of the old place the other 4 roommates were on the lease and 3 broke it back in dec. at the same time I lost my job. I had no way of coming up with 1300 so I told the apartment manager what happened and they let me transfer. I wasn't the bad tenant the other 3 roommates were.
DON'T EVEN MAKE THAT ASSUMPTION!
and whatever happens I will win in court. They are in the wrong not me.