Backing out of a lease before moving in?

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subigo

subigo

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Does anyone know the answer to this? I signed a lease for a new condo a few months ago, but the move in date wasn't until May 1st. I went to look at the place for the first time since I signed the lease and was pissed to see a bunch of changes made to the place...

The all black appliances were removed and replaced with cheap ass white appliances. The light fixtures and fans were all replaced with ugly ass ones that look like they came from walmart. The doorknobs and doors were also replaced and look like shit. The paint job (which wasn't done yet when I signed the lease) is crap. There's paint on the ceiling and floor.

When I asked why everything was swapped out, they told me other people agreed to move in first, but only if they could get the nice appliances, etc... like my condo had... So since they couldn't let those people move in to my condo, because I signed the lease and all, they decided to swap everything out.

Does anyone know if I can legally tell them to eat a dick and find a different place? I've contacted a few lawyers, but haven't heard back yet (since it's Friday night I doubt I'll hear anything until Monday).
 


This is a guess, but an educated one. If the appliances were not in the lease, the odds are that they can enforce it. There is a bait and switch and if the landlord had any honor they would either replace the fixtures and appliances or break the lease.

Odds are you would have a chance in court, but what would the cost be for you? You may win the battle and lose the war.

Wish I could give you a better opinion.
 
subigo said:
The all black appliances were removed and replaced with cheap ass white appliances.
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☻/ RACIST!
/▌
/ \

Send the owner of the condo a gift basket thanking him/her for being able to look past your heroin addiction and violent criminal past and end it with "the third time may have not been a charm, but this time I'm going to make it work".
 
Tell them you practice Feng Shui and it's fucking you up. Remember to always insist on a positive Chi clause.
 
This all depends on what state you live in. In California they can't do that and they have to let you live in the condo they showed you. Even if they got you to sign a lease saying you understand that all the stuff would be changed out ect. they still could not get away with it if they showed you the nicer condo and not one with the stuff you would end up getting. You can't break the lease cut and dry but you do not have to pay a dime of rent until they change it back. IE give you access to the property they showed you in order to get you to sign the lease.

This law was of course was put in place to prevent apartment complex from having a spiffy apartment they show while really giving you some crap version.

That's if it's California though, landlords are pretty fucked by the laws here.
 
God damn that would have ticked me off.

See if you can do something about it.

I would just pull a shit fest. Tell them what the fuck are they trying to do swapping all the nice shit out of your condo. Get angry.
 
Andrew Scherer said:
God damn that would have ticked me off.

See if you can do something about it.

I would just pull a shit fest. Tell them what the fuck are they trying to do swapping all the nice shit out of your condo. Get angry.
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Oh trust me, come Monday the wrath of God will lay waste to their complex if something isn't done.

I would have done something today, but the the manager was gone and there was some girl filling in for the day who didn't know anything.
 
it would probably depend on how your lease is worded, but I would assume that bait and switch bullshit would give you grounds to back out of it or at least force them to fix it...

man, that really just sucks balls though... after some shady shit like that, I sure as hell wouldn't want to live there...
 
Normally if you break a lease early there is a pre-set penalty, such as 1 or 2 months rent. If its worth it to you to not live there at all, then just eat the 2 months and break it. Hopefully the lawyers come up with something better though, sounds pretty fucked up to me.
 
subigo said:
Does anyone know if I can legally tell them to eat a dick and find a different place? I've contacted a few lawyers, but haven't heard back yet (since it's Friday night I doubt I'll hear anything until Monday).
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Wait, you signed the lease, but did you pay the deposit or anything? If money changed hands, I would say they're fucked. Obviously, I'm not a lawyer, but a quick peek at Google turns some neat stuff up.

"Missouri Landlord and Tenant, Missouri Annotated Statutes Sections 441.005 to 441.880."

RSMO-Chapter 441

PdfMeNot.com - a nicer way of linking to PDFs

I didn't see anything in scanning those that said anything specifically helpful, but that doesn't mean it's not there. I'm sure you've done this, but in re-reading your lease, was there anything specific about the appliances?

Also, Uniform Residential Landlord and Tenant Act

http://www.law.upenn.edu/bll/archives/ulc/fnact99/1970s/urlta72.htm

Universal Landlord Tenant Act. Might be something there.

Biggest thing is to sit down with them and say you're not going to take possession of a property which isn't the same as the one you signed up for. Period.

If they try to pressure you with the lease, remind them that the most they can hope for is two months rent, and if lawyers' fees would be more than if they just ate the two months rent. Plus, wouldn't necessarily be two months loss for them, because they would probably re-rent it quicker than that.

Don't fly off the handle. Deal with things calmly and they will probably work out better. And if it doesn't, you'll find yourself in the superior position.

I'm going to stop this long ass post now. Because it's pretty obvious that I fucking hate landlords who cross the line.
 
Review the terms of your lease carefully. I actually backed out of a lease once just two days before moving - basically just changed my mind and decided that I would rather pay an extra $300 and live in a much nicer place. All I had to pay was the deposit.
 
I walked away from a place once. It was "upscale" but the nickel-and-dimed on everything. After sleeping on if for a week we walked away and were just out the deposit. This was after signing the full lease, etc. My guess is it's very similar in most states, but your case seems different enough to me that you may be able to get the deposit back.
 
I think you have a case in the fact that it's not the same place they showed or told you it would be. Fuck em.
 
I'd try and get some proof they switched out the appliances, call them and record yourself asking why the appliances are different so if shit hits the fan you have the upper hand.
 
Good news. The owner of the place is putting everything back the way it was before I move in. He claims he was going to do it all along, I just happened to visit the condo to take some measurements before he could do it...

Not sure if I believe him. But I'm happy now.
 
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