My roomate and I live at CAsa DEl Rio Apartments, in November we were informed that our apartment had been rented (even though we are living in it and paying rent and not behind) and we had 12 days to move out. We were then approached by the manager and given a 3 bedroom apartment for the 2 bedroom price. We were told that the previous receptionist has rented the apartment to another couple and that Casa Del Rio could not get in touch with us, we live right over the rental office (what they could not walk up the stairs) in any event we had to pay extra money for Uhauls and light and cable tranfers. After the move there were a host of problems with the new apartment water pressure was non existent, when the water was turned on a foul smell permiated the entire apartment, maintenece men punched holes in the bathroom to fix a leak and left it, and on top of all of that the maintanence persons bored the lock off our apartment (that I purchased) stole my tools and food out of the pantry.
My roomate and I are saving the $1500.00 it takes to break the lease, and on that note the lease we signed has our names misspelled so legally we are not obligated to stay.
Robert
Irvine,#2Consumer Comment
Tue, January 27, 2015
You have several issues going on, but don't exactly have how things really work. So let's take it from the bottom up.
First of all having your name misspelled on a contract or lease does not automatically void it. As if you tried to take that tactic to court the court would take the "intent" of the contract. YOU were the one who signed it, incorrect spelling and all. YOU are the one living in the apartment, YOU are the one paying the rent. So the courts would see that the "intent" that you intended to sign the contract.
The only way you could get out of it on this basis is if you represented yourself as a different person that spelled their name that way. But in this case, since it was YOU who signed the contract, YOU would have comitted Identity Theft and while you may have gotten out of the contract, you would have been arrested.
As for your lock being boored. Most apartments specifically do not allow you to put your own locks on the doors, especially main entry doors. If you failed to get approval, they probably had every right to remove the lock per the lease. If this was an emergency situation, they also have the right to enter your apartment without prior approval or notice.
If your items were stolen, you need to file a police report.
As for having to move, you would have to check out your local laws and your lease to see what type of notice you have to be given. Where if they failed to give you enough notice you may be able to claim damages. However, since you are now apparently living in a 3 bedroom for a 2 bedroom price that may be used as saying that was compensation.