Pre-Move in Cancellation?

[Stephen991]

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

There was a discussion at the time of viewing a condo that if we took it, the lease terms would be 6 months rent, all utilities covered. It was Dec 10. Lease to start Feb 1st. After we agreed to take the unit, the owner spent the next few days modifying the arrangement over and over. Changing things in his own favor. We wanted a 6 month lease. He changed it to Feb 5 move in, July 15 move out, cutting it down to 5.5 months. When we offered the standard decreased rent $ he told us only if we pay all utilities (in other words, no real negotiation at all). The first lease required 1 month deposit 1 month rent up front. I signed it. He came in and changed that too. Adding Last Months rent to the requirement, making it effectively 3 months up front, on a 5 month lease. Made me sign the revised lease. All of this felt like Bait and Switch in a big way.

Naturally that wasn't enough. A few days later we get a message from the owner saying that he expects me to pay the $3900 deposit required by the building, plus a $200 non refundable cleaning fee. So then:

1) First months rent: $3900
2) Last months rent: $3900
3) Security deposit: $3900
4) Building deposit: $3900
5) Nonrefundable Cleaning fee: $200

Total to move in: $15,800

4 months of rent up front, on a 5 month rental, and a total of (literally) $16,000 out of pocket, just to move in? I told him he can stick it where the sun doesnt shine. No thanks. Not interested anymore.

Can the owner keep my security deposit or force me to pay all 5.5 months? ..... given:

1) The lease has not begun yet.
2) The lease will not begin for another month.
3) We have not moved into the unit nor been given any keys.
4) His unit was only off the market for 10 days.
4) He has plenty of time to find a new renter.
5) He changed literally every aspect of the original agreement.

S

 

[Mass_Shyster]

Sue the landlord for breach of contract.

 

[Stephen991]

How is it breach of contract?

He's only guilty of being a dick, and im guilty of being too nice and signing the lease anyways.

But he wants one last chagne - that Building deposit of $3900 and wants me to pay it.

Im saying no. And im taking it a step further. I dont want his unit anymore.

So how can I get my $3900 deposit back and walk away?

Again: The unit isnt even available until February. I can't imagine I can be forced to move in to his unit.

 

[TinkerBelleLuvr]

Google:

Parts of a contract.

The landlord broke the contract when he accepted the original terms and then changed the terms. Please clean up your language also.

You may land up in court to get the monies back.

 

[TinkerBelleLuvr]

http://www.ehow.com/about_4761599_parts-legal-contract.html

 

[Stephen991]

Google:

Parts of a contract.

The landlord broke the contract when he accepted the original terms and then changed the terms. Please clean up your language also.

1) How did he accept the original terms? It was a discussion with the Agent (who represents the owner) during the walk through of the unit.

2) After he changed the terms, both times, I signed the new lease. I just was really peeved at his conduct. But we wanted the unit.

3) He has now come to me requesting that I pay the Building deposit. This would require another lease of course. I can refuse to sign it. But how am i going to get my money back when I have a signed lease in the situation?

PS: Im an adult. Im allowed to say 'the D word' if I want, but I will make sure not to speak it again.

Regarding the link you sent, I see this clause:

"A contract is not legal if there is no consideration of value. Each party to the contract must receive something of value. Consideration is usually money but it can be anything of value, a cow, a car or even the promise to perform work for the other party. Our judicial system enforces contracts and if no consideration is found for one party, a judge may throw out the agreement."

Sounds like he cant keep my money if I have received nothing of value (occupied the unit). Then again, the lease is me "promising to perform". So im not sure if your link clears up my situation. I have a signed lease on the table with my signature on it.

Therefore I've been told by my agent that he can keep my deposit and possibly force me to fulfill the contract.

True or no?

 

[TinkerBelleLuvr]

You have an agreement. He NOW is coming back to CHANGE that agreement with additional costs. He is BREACHING the contract if he wants the change.

 

[Searchertwin]

1) How did he accept the original terms? It was a discussion with the Agent (who represents the owner) during the walk through of the unit.

2) After he changed the terms, both times, I signed the new lease. I just was really peeved at his conduct. But we wanted the unit.

3) He has now come to me requesting that I pay the Building deposit. This would require another lease of course. I can refuse to sign it. But how am i going to get my money back when I have a signed lease in the situation?

PS: Im an adult. Im allowed to say 'the D word' if I want, but I will make sure not to speak it again.

Regarding the link you sent, I see this clause:

"A contract is not legal if there is no consideration of value. Each party to the contract must receive something of value. Consideration is usually money but it can be anything of value, a cow, a car or even the promise to perform work for the other party. Our judicial system enforces contracts and if no consideration is found for one party, a judge may throw out the agreement."

Sounds like he cant keep my money if I have received nothing of value (occupied the unit). Then again, the lease is me "promising to perform". So im not sure if your link clears up my situation. I have a signed lease on the table with my signature on it.

Therefore I've been told by my agent that he can keep my deposit and possibly force me to fulfill the contract.

True or no?

LL is not in breach of contract. Nothing has been breached until you refuse to make rent.
You signing the lease made it a binding contract. You did not have to accept the changes but you did when you sign the NEW leases. No one to blame but yourself. Your signature is your promise to perform. That is to occupy and pay rent.
Yes, that signature will cause the agent to keep deposit and force you to fulfill the contract.

 

[FarmerJ]

you say you dont want the unit, tell this LL you already have a binding lease wit him and you will not accept any further changes to it , tell him there will not be another dime paid other than what the lease already calls for and there wont be any more discussion about it. there is no easy way to get the money you have already put out back unless the LL refuses to deliver the apt as the current lease promises, or if the unit is not in acceptable shape like say floor covers ripped out because carpet layer didnt finish in time. On that date if it is not ready and available send out on the same day a registered return rect letter telling the LL his/jher failure to deliver the unit on the date the lease promised is a a breach of contract and if you will sue for your deposit to be returned and they can explain to a court why they refused to deliver the apt

 

[Stephen991]

I did what the last poster suggested. Told them I will take the unit (because a cute girl says she likes it, and ... well ... ) but that I will not pay the building fee of $3900 plus $200 cleaning fee. The owner said he would pay it. However then I get YET ANOTHER curve ball thrown at me, and im told the building requires a $150 non refundable fee for a "background and credit check" for any renters in their building (this is one of those ritzy expensive condo towers in Miami). I swear I cant get a break ... I told them "no" ... i wont pay it ... no more changes to the lease! They said "This isnt a change to the lease, its a requirement by the building."

I have never heard of a building requiring $3900 deposit on top of all other deposits, plus $200 non refundable cleaning fee (on top of owners cleaning fee), plus $150 background check fee from someone renting from an owner in their building. Unbelievable....

 

[Gail in Georgia]

Screening fees aren't all that unusual; they typically include running a credit and criminal check, verifying employment, checking with previous landlords, etc..

This is typically done by the landlord/management. $150 is quite a bit for this but then, sounds like this is a pretty darn ritzy place.

Gail

 

[Searchertwin]

Sorry, had to reread your post. First time around I read that you signed the lease after the new additions of the amounts due. I misread first time around. You did sign a new lease with added changes, making that two leases and than he wanted more...the $3900 and $200.

I would have told him the same thing. That is why he said he would pay the amount. He was stuck. Why? Because he sign the lease also. So instead of losing a monthly check he paid it. Now, he wants a screening done. I don't think so, he should have done that BEFORE he sign his name.

I would follow Farmer advice on wanting out of the lease. But you can't get out of the lease, just because you want to. You have to have valid reasons.

Now if a pretty young thing can persuade you to rent that place, can a old woman sell you swamp land in Florida?) Take care

 

[FarmerJ]

Any and all cost to related to being there no matter what the reason needed to be in writting in one of the leases you signed. Again tell them NO you have a lease that you expect them to honor. BTW take alot of pics at the begining of occupancy and at the end to document the condition of the unit and one last thing check with the county sheriffs dept to see if the units address is on a current foreclosure auction list and keep checking that list before you move in.