Do I have a case?

[misskissytina]

I have lived in my apartment for a year and have agreed to renew my lease for another year in the apartment that I am in now. I have had major problems with my neighbors and noise that I have been able to prove to my apartment manager so they decided to ask me if I wanted to move to a different apartment and I said yes. I did not sign ANYTHING that stated the new apartments number on it... it was all signed with the apartment number that I live in now... it was not a new lease... just an agreement for the one i am in now. They told me that the new apartment was ready and I went to look at it and I cried! There is water damage everywhere and rotting walls and uneven flooring in the bathroom and it was just horrible!!! I went back and told them that I did not want the apartment and I told them why and they told me that they had already leased my apartment to someone else and would have to ask them if it is okay to move them to a different apartment. Were they allowed to do that? I didn't sign anything saying that I was moving... everything said that I was staying. We only spoke about moving me to another apartment and when I viewed it I said "NO"!!! Are they in the wrong here? I don't want to live here anymore because of this. Did they break the lease them selves by leasing my apartment to someone else and possibly trying to make me move out of this apartment with no legal eviction or anything? Would I be able to break my lease over this without having to pay the "fees" of early termination since all of this was their fault? I obviously was not going to sign anything before I saw that other apartment and thank God that I didn't! Thank you. -Kristina

 

[Michael Wechsler]

Don't worry - if it was me, this is what I would do and I'm not telling you what you should do and also don't know all the particulars in your situation. Ask to see the other apartment just once more - but bring a camera in a bag. Take pictures, as many as you can. You can leave your apartment and find another place but, if you choose to stay or hold over until you find a new place, you may wish to challenge them to a duel in housing court. I highly doubt the landlord will want to show up claiming that you're in the wrong. If you "hold over" on your old apartment, the judge will know why - and you might be able to sue for your own damages. Putting you into another apartment that was uninhabitable was an absurd attempt to rent two apartments without doing the necessary repairs on one of them. Just make sure that you also write a letter to the landlord with your complaint - certified mailing - after you take the pictures. With regard to any holding over, pay the rent on time. An attempt to evict will not be on "non-payment of rent" but as a "hold over." The landlord can't just put you on the street when the lease is over. Good luck with this.