is this even LEGAL????

By lisa

I signed a 6 month lease for an apt., private owner, but apt was in condo association. 4 months into the lease, i got locked out of the apt. when i went to the office to have them open my door, they said “who are you?? we dont have you listed as a tenant!!” They basically told me that my landlord went against the rules, and didnt “get me approved” before allowing me to sign a lease and live there. (the association was supposed to do a background check, credit check, and i was supposed to give THEM a deposit before signing a lease w/ the landlord!!:  so they told me that i MAY be asked to leave.       I tried to contact my landlord who was unreachable, as she was overseas for the duration of my lease!!  so i just moved out. i didnt want to be homeless, or living somewhere illegally!! they WEREN’T even gonna let me back into my apt. when i got locked out  for god sakes, because i wasnt “listed as a tenant!!”   so now, the landlord is taking me to court, for 2 unpaid checks, (predated checks i gave her for the 5th and 6th month rent) which i called her “computer phone” overseas and told her NOT to cash, as i was moving out. she did deposit the checks, but they were returned, as i told her they would be.   anyway, doesnt the associations rules preceed any  written lease that her and i agreed to , based on the fact that the association MAY not even have approved me to become a tenant there??    OH<<< also, she didnt even give me a sticker to put on my car so that i could park in the parking deck!! (it was a gated community) I had to park OFF SITE> she said she ha another tenant in another condo there that was using the designated parking space. I should have known something was fishy before i even signed the lease.     WILL NEVER HAPPEN AGAIN>   so what are my chances in court of getting this thing thrown out so i dont have to pay the last 2 months of rent???

Edited on: Saturday, October 27th, 2012 11:26 am

2 Responses to “is this even LEGAL????”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Richard

November 15th, 2008 5:21 pm

The landlord is responsible to abide by the Condo Associations CCR’s (Codes, Covenants and Restrictions). Simply because the landlord failed to comply with their guidelines, does not automatically make your agreement null and void. The proper steps would have been for you to ask that the Condo Association contact the landlord to see that you were approved to live there. The issue of not getting you approved by the association is something that your landlord could have accomplished after being notified of the error. (Once again, something that the association would need to deal with)
Regardless of the CCR’s the Condo Association had no right to change locks. This is illegal and not allowed by statute. The Condo Association would need to comply with eviction practices and bylaws. No landlord or manangement company can change locks without a court order.
It appears you may be responsible for the 2 months of rent, unless you can prove that you did everything possible to meet the qualifications of the CCR’s including going through their approval process.
You are responsible for the contract you signed with the landlord. If you fail to meet those terms, then technically you are in breach and not your landlord. The courts will look at your contract to see who breached what. Honestly, I think the courts will side with the landlord, unless you have significant paper proof showing that the Condo Association forced you to move. (But that looks unlikely since you already stated that they said you MAY have to move… “MAY” implies that there could be a possibility but not necessarily what is expected)


Luck_8s

November 18th, 2008 7:48 am

I would say– you’re screwed. Never assume the contract you made is null and void due to outside issues. The question I would ask is this:
What was your agreement?
Did you fulfill your end?
Was there a possible solution that could have kept you in the rental?


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