Verbal Agreement vs. Signed Document

[ach]

I live in California. My husband and I have recently bought a home. It is a new development and is under construction. We began the escrow process in January. The mortgage company gave us March 15th as the tentative completion date.We informed our apartment management of our intention to vacate by March 31st. However, both my husband and I have made clear to the apt. manager that the move-out date depends on the completion of the house. They SAID this was fine, and that they would prorate days that we stayed beyond March 31st. They also had us sign an intention to vacate document and after it was signed stamped it with a statement saying that no extensions would be given. Having talked to the apt. manager, we didn't think this was a big deal. We have talked to them on several occasions since and they have simply asked that we 'keep them posted' on when the house will be done. We have. Yesterday, the apt. manager said that they have rented the apartment starting April 1st and that we have to be out by March 31st. However, that their office is closed on March 31st and we'll have to 'make arrangements' for the final inspection. Is this legal? Do the verbal agreements have any sway? Also, if they are supposedly having another renter move in the day after we vacate, there is NO WAY they will be able to do the cleaning. So can we get our full deposit back assuming that the tenants are taking the apt. as is? HELP!

 

[jlw1000]

Unfortunately, the courts will look at the written document. So the March31st date will hold. I hope your house is ready in plenty of time. If you can vacate before the 31st, then try to do a walk through with the manager when her office is open. And get documentation from her about what repairs/cleaning are attributable to you.

If you can't get out until the last minute, take pictures of the place. I don't see how the manager can have the apartment ready in a matter of hours, especially if there office is closed on the final day of your occupancy. In this case I would send a letter certified return receipt, and request the full deposit back. If they do not give it back, I would sue in small claims court.

If you find you can not settle by March 31st, you can have the moving company store your belongings until your house is ready. Then you can stay with family or friends. (I've done this myself.)

Do not stay past the 31st, or the landlord could sue you for additional rent and damages (since it is creating a problem for the new tenant). This can add up to far more then the extra cost of storing your stuff.

I know it doesn't seem fair, especially when you have given proper notice & tried to plan ahead for any contingencies. Best of luck to you.

 

[rentertooo]

ACH:

How many times do people have to tell you before it sinks in;

WHEN BUYING ANY PROPERTY PLAN ON PAYING BOTH RENT AND A MORTGAGE FOR ONE OR TWO MONTHS.

If you had planned for this you would NOT have given any notice till you actually closed, then you would have plenty of time to move your stuff at YOUR nice slow leisurly pace!!!!!!!

 

[Cvillecpm]

March 31st is EASTER so I hope the office is closed. Is your problem that they are closed on the 31st or that you need more time?

If you need more time, have builder pay for your belongings/furniture to stay in storage or on a U-Haul while you stay at motel. Builder SNAFU is not the apt manager's problem.