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New Apartment is not ready after a pipe of water broke in the building

Discussion in 'Rental Agreements & Subleases' started by maiumi, Dec 10, 2014.

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  1. maiumi

    maiumi Law Topic Starter New Member

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    Hi,

    I moved to California from Texas on Nov 11th 2014 and me and my husband were very happy to start a new life here. We signed the lease contract for 13 months, 1 month free from Nov 11 to Dec 11 and then we would need to start to pay for the December month prorated Dec 11 to Dec 30.
    On the moving date, when I had the moving company delivering all my furniture, the building had an issue , a water pipe broke and the leasing office manager gave us another temporary apartment until they will fix all the issues over the 4 floors.
    For the past 1 month, we are in an temp. apartment and living with boxes all over. We were asking when we will get an update about the situation and the manager was always giving us hope that the apartment would be ready in 1 week, then before Thanks giving, then before Christmas and now it might take at least 2 months to give us our permanent apartment.

    My question is : the manager told us we need to make the payments because we do have a contract with the apartment, even though we are not living there . And because they gave us another apartment in the building they are loosing money because they cannot rent that apartment. Should we be obligate to pay the rent even though we are not living in the apartment ? Does the office manager have to give another place to live until the apartment is ready ?
    We have read the lease contract and because this situation is very unique there is nothing that says very clear what are the expectation of landloard/tenant

    I need help, don't know if what the leasing office is saying is true

    Thank you for your advice.
     
  2. army judge

    army judge Super Moderator

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    You can't live RENT FREE.
    You aren't paying for the apartment you wanted, but for the one you are occupying.
    You didn't have to take the unit you are using.
    You could have gone to a hotel.
    You could have refused to stay at that complex, and even chosen to undo the deal you made.
    Had you gone to a hotel, you would be paying the hotel.
    As you CHOSE to take the complex's offer to occupy the unit you are occupying, you are required to pay.
    You might have made a better deal, you didn't, as it appears you were desperate.
    So, you pay the amount you agreed to pay, or you will likely be evicted.

    You might be able to negotiate an offset of say $100 or $200 a month, because you aren't in the unit you wanted to lease.
    Alas, because you chose to act so quickly, you're likely stuck with the bad deal you crafted.
     
  3. maiumi

    maiumi Law Topic Starter New Member

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    Thank you so much for reading my situation and answering my questions. So now I feel comfortable and will pay the invoices, I just did not know if the leasing office was taking advantage of us. I do agree that I have to pay something since I am in a temp. apartment but I will try to negotiate with them because of the frustration of having to live with all the boxes I don't think it's fair for me to pay 100% of the amount. Appreciate your help.
     
  4. disagreeable

    disagreeable Well-Known Member

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    Think of how much the complex is losing with all the unrented units and cost to repair the damages.
     

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