Do I have to pay for an apartment lease if promises made to me in the lease were not fulfilled? Can I get out of the lease?

[scv1144]

What is the name of your state? Minnesota

Back in January 2018, I signed a lease with The Venue at Dinkytown in Minneapolis, MN that would begin in August 2018. In the mutually agreed upon lease signed by both parties, I was promised a private bathroom attached to my room, and a parking spot for $1,024 a month. Over half a year later, they forced me to move into this apartment by stating that I was legally bound to it, and that I owed them payment immediately. I was told that I had to move in and pay for rent there, but that they could no longer give me a private bathroom or parking spot. So they lowered my rent to $849 a month, and forced me to pay them and live there. The contract has not changed though, and a new contract was never made or signed or agreed upon by both parties based off these promises made in the original contract that would no longer be fulfilled or agreed on. I am currently being forced to pay $849 a month and live here by Management of Venue at Dinkytown, even though my original/current contract that was signed by both parties states that I would be receiving a private bathroom, a parking spot, and a room for $1,024 a month. Am I bound to this lease? Can I leave? Is this legal, or a void contract?

 

[PayrollHRGuy]

If "a private bathroom attached to my room, and a parking spot for $1,024 a month" is in the lease and they didn't and aren't providing "a private bathroom attached to my room, and a parking spot for $1,024 a month" they are violating the terms of the lease. You would have been much better off to simply walk away. You can still do that today. They can sue you but anyone can sue anyone. It is if they will win that you need to worry about.

 

[Gail in Georgia]

I'm a little curious on how they "forced" you to move into that apartment since you use that term several times over in your statement. Did they put a gun to your head and made you march into the rental unit?

Gail

 

[scv1144]

I'm a little curious on how they "forced" you to move into that apartment since you use that term several times over in your statement. Did they put a gun to your head and made you march into the rental unit?

Gail

Hello Gail,
Fortunately, I did not get a gun put to my head! Instead, they threatened me several times saying that they would sue me, terminate my contract, and force me to make a large payment to them if I did not move in. I did not know my options, so I moved in. I would appreciate your opinion and advice on this situation if you have any. Do you think I have a strong enough case to bring to court?

 

[Shadowbunny]

What is the name of your state? Minnesota

Back in January 2018, I signed a lease with The Venue at Dinkytown in Minneapolis, MN that would begin in August 2018. In the mutually agreed upon lease signed by both parties, I was promised a private bathroom attached to my room, and a parking spot for $1,024 a month. Over half a year later, they forced me to move into this apartment by stating that I was legally bound to it, and that I owed them payment immediately. I was told that I had to move in and pay for rent there, but that they could no longer give me a private bathroom or parking spot. So they lowered my rent to $849 a month, and forced me to pay them and live there. The contract has not changed though, and a new contract was never made or signed or agreed upon by both parties based off these promises made in the original contract that would no longer be fulfilled or agreed on. I am currently being forced to pay $849 a month and live here by Management of Venue at Dinkytown, even though my original/current contract that was signed by both parties states that I would be receiving a private bathroom, a parking spot, and a room for $1,024 a month. Am I bound to this lease? Can I leave? Is this legal, or a void contract?

So how long have you been living there paying the lower rent?

 

[scv1144]

So how long have you been living there paying the lower rent?

I just moved in recently. It's been 2 weeks. Do you have any suggestions on what I could do to get out of this lease and the financial responsibility of it? They continue to claim that they can sue me, terminate me, and charge me a large payment if I try to get out of this lease.

 

[scv1144]

My problem with this situation is that they moved me out of the room they initially promised me I would be in, without notifying me. They removed my private bathroom, without notifying me. They also stated that they can add and remove parking as they please, even though it is on the signed lease that was agreed upon that parking would be included. I am paying rent at an apartment that will not fulfill the promises it made to me in the signed contract...so am I legally still responsible for this lease contract? Is it still legally binding if they made all of these changes without notifying me, and that are not in the signed contract?

 

[Shadowbunny]

I just moved in recently. It's been 2 weeks. Do you have any suggestions on what I could do to get out of this lease and the financial responsibility of it? They continue to claim that they can sue me, terminate me, and charge me a large payment if I try to get out of this lease.

Terminate you? Are you an employee of the complex?

 

[scv1144]

Terminate you? Are you an employee of the complex?

No. I am a tenant. They said that they will terminate my lease with them, which means they will charge me for the entire year's worth of rent payment and make it due immediately.

 

[Shadowbunny]

I see that this is student housing. Who is your lease with? The building management or another student?

 

[Shadowbunny]

No. I am a tenant. They said that they will terminate my lease with them, which means they will charge me for the entire year's worth of rent payment and make it due immediately.

Are you paying your rent? Why did you move in without a new lease? And what on what grounds do they say they'll evict you?

 

[scv1144]

I see that this is student housing. Who is your lease with? The building management or another student?

Yes, it is advertised for students, but they allow anyone to live there. My lease is with the building management.

 

[scv1144]

Are you paying your rent? Why did you move in without a new lease? And what on what grounds do they say they'll evict you?

I moved in without a new lease, because staff and management emailed me several times stating that they do not have to make a new lease to make these changes.

 

[FarmerJ]

It doesn't matter if its so called student housing or not as long as it is not U of M owned housing SO your LL like it or not cannot just force you to pay for a whole year of rent they would have to prove to a court they were harmed by you not paying and considering the proximity to the U of M they would not have a problem finding a new customer even though MN doesn't force a LL to mitigate a loss if they sat on a empty unit for almost a whole year they are going to look real bad in a court. So far they didn't deliver to you what they promised and as long as you have a copy of your original lease keep it safe and plan on using it , do you have pictures to show exactly how this new place is laid out ? you may want to take them and then go argue with them telling them `considering how tenant friendly the courts are to tenants in this state you will take your chances if they don't find a replacement tenant for the space your in now because your going to move out. ( this early they should have no problem finding a tenant since it doesn't have to be a student) Also it wouldn't hurt you to call or go to the Minneapolis housing Service office room 11 city hall in down town (612-673 3003 ) OR the Minnesota tenants union 1513 Franklin Ave East ( 612-871-7485 ) I think that's right near Franklin and Bloomington Ave So. check for any other advice they may have. ( btw , Homeline is a popular service but if I recall correctly they only serve suburban Hennepin county) Last management is wrong about not needing a new lease because if you re check me on this even back when I had my four plex larger landlords were required by city ordinance to make sure tenants had a copy of the lease and since they didn't deliver to you what your original lease promised as long as you still have that copy you really can argue you are month to month and do not have to give more than a rental period of notice ( meaning to be if your going to vacate then you must give written notice that you will be moved out by the last day of October , yes October because our state requires a whole rental period of notice for month to month tenants who do not have a written lease which you don't have for the unit you are in. ( send it via certified mail keep a copy for your records stapled to your postal certified receipt ) no text message , no verbal notice get it on paper and sent at least via certified mail to create your paper trail, your going to need it!

 

[scv1144]

It doesn't matter if its so called student housing or not as long as it is not U of M owned housing SO your LL like it or not cannot just force you to pay for a whole year of rent they would have to prove to a court they were harmed by you not paying and considering the proximity to the U of M they would not have a problem finding a new customer even though MN doesn't force a LL to mitigate a loss if they sat on a empty unit for almost a whole year they are going to look real bad in a court. So far they didn't deliver to you what they promised and as long as you have a copy of your original lease keep it safe and plan on using it , do you have pictures to show exactly how this new place is laid out ? you may want to take them and then go argue with them telling them `considering how tenant friendly the courts are to tenants in this state you will take your chances if they don't find a replacement tenant for the space your in now because your going to move out. ( this early they should have no problem finding a tenant since it doesn't have to be a student) Also it wouldn't hurt you to call or go to the Minneapolis housing Service office room 11 city hall in down town (612-673 3003 ) OR the Minnesota tenants union 1513 Franklin Ave East ( 612-871-7485 ) I think that's right near Franklin and Bloomington Ave So. check for any other advice they may have. ( btw , Homeline is a popular service but if I recall correctly they only serve suburban Hennepin county) Last management is wrong about not needing a new lease because if you re check me on this even back when I had my four plex larger landlords were required by city ordinance to make sure tenants had a copy of the lease and since they didn't deliver to you what your original lease promised as long as you still have that copy you really can argue you are month to month and do not have to give more than a rental period of notice ( meaning to be if your going to vacate then you must give written notice that you will be moved out by the last day of October , yes October because our state requires a whole rental period of notice for month to month tenants who do not have a written lease which you don't have for the unit you are in. ( send it via certified mail keep a copy for your records stapled to your postal certified receipt ) no text message , no verbal notice get it on paper and sent at least via certified mail to create your paper trail, your going to need it!

Hello,
Thank you so much for your help. I will get in touch with the places you provided me information for. I want you to know how much I appreciate the generous time you took to respond to my questions and concerns. You have been so helpful, and I have confidence that everything will work out. Also, I do have the original copy of my lease, and all correspondence from them documented, so I think my case has a good chance of winning in court. Again, thank you greatly for your detailed response, advice, and help!
Best,
SCV114