When Does a Lease Agreement Takes Effect

My question involves a condominium located in the State of: Washington (Kirkland)

This about renting a condo in Kirkland, Washington

We saw the house (a condo) before a month our current lease expires

The condo owner agreed to rent the apartment. She sent me the agreement (on which she already signed). I read it and sent her a copy with my signature on it.

As per the agreement our lease starts on 04/10/2014. But on 04/04/2014 we met her for the second time to have a look at the house to verify that she fixed all the items she promised to fix. That time we had a conversation that we will be moving in only on the 04/12/2014 but as per the contract we will pay the from 04/10/2014

Called her on 04/11/2014 to let her know that I had added her as a payee to my bank account and she has to acknowledge it by cliking a link sent to her e-mail. She said she’s comfortable doing all those. So we agreed that I’ll give her a check on 04/12/2014, when I come to collect the key at 6.30 PM.

We were all packed, we have notified our current apartment that we are vacating on 12th May.

By 4.00 PM on 04/12/2014 we got an e-mail from the new owner that she’s not ready to rent that apartment to me because she hasn’t got our application. We were planning to give her the hard copy of the application while collecting the key!

Now we are left without any home. Can someone advice If I can legally do something in this case?
Regards
Krish

Who is the "new owner"? Did you forget to mention your landlord selling the property at the same time she was negotiating the lease with you?

If the only issue was that the "new owner" wanted a copy of your application, and you were prepared to hand her one, why wasn't the issue resolved by your handing her a copy?

I am not sure if she is preparing to sell the property> What I mean by new owner is "Owner of the property where I was supposed to Move in"

To answer the second question, I have no clue. She never ever gave any warning that I am getting late to turn in the application or so. It just 2 hours before when I had to show up, give the application/cheque and collect keys. It was then she had sent an e-mail that she couldn't trust because I haven't turned in my application form.

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The condo owner agreed to rent the apartment. She sent me the agreement (on which she already signed). I read it and sent her a copy with my signature on it.

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Unless there is a contingency in that rental contract that you have not complied with, the lease is in force. She cannot deny you now due to a failure to provide the application, unless there is something in the lease that allows it.

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We were all packed, we have notified our current apartment that we are vacating on 12th May.

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did you mean 12 April?

Yes JK. We have our current appartment until 15th April after that we have to vacate and as of now we couldn't get a new place.

There is nothing in the contract which says that failing to turn in the application will terminate the lease or so. To be honest, this is the first time I am trying to rent a place from a private owner (so for I lived in apartments owned by real-state companies), so I never guessed that it could go this serious. I just took it little lite that I'll turn in the application form when I meet her to collect key.

More over the contract which was already signed by both parties starts by 10 April. Its just that I havent met her to get the keys. She denied occupancy on 11th April saying that she couln't trust me because I havent turned in the application form. But I was supposed to meet her in 2 hours to get the key and hand over the cheque and application form.

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RadKrish;800341]Yes JK. We have our current appartment until 15th April after that we have to vacate and as of now we couldn't get a new place.

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but you posted MAY 15th. Given your concern, I presumed that was a typo.



so, call her and offer the application. If she refuses, remind her that you have a fully executed lease that was in force Apr 10 and allowed for possession on that date.


If she still refuses to allow occupancy, start looking for someplace else and start keeping an accounting of the added costs this has caused you that you will make a claim from her for.

What communication have the two of you had since she failed to give you the keys on the 11th? Have you given her a security deposit? Or any rent?

If there isn't anything in the lease requiring the application then you are entitled to the apartment, however depending on the landlord's willingness to work with you it may take some time before she lets you have the keys. If you share more information about your interactions with her since she denied you the keys then we can provide more advice on how to move forward. When she denied you the keys, did you offer to bring her the application? Did you get her timeline for moving forward?

Yes BrownJ12, first of all she didn't even call us to let us know that she wouln't lease the house.
oN phone we agreed to meet at the apartment on 04/12/2014 at 6.30 to get the key and I also had my things packed truck loaded. At around 5.00 PM I checked my e-mails for a different reason and found her email sent at 4.00 PM saying that she's denying occupancy because I haven't given the application form.
we were frantically tried to call her several time, she didn't pick the call. sent e-mails. Finally at around 7.30 PM once again she sent the same e-mail denying occupancy.

Regarding payment, on 04/11/2014 I added her as a payee to my bank (one of the credit unions)account. My bank usually get the e-mail id of the payee and sends the payee a link to acknowledge that addtion as payee. So after adding her as payee, I called her to explain this. She expressed some difficulty and she said she's not in-front of the computer.
So we agreed that I'll give her a cheque when we meet to collect the key next day at 6.30 PM. It was very jovial conversation. She appeared all happy and satisfied. She happily agreed to the arrangement.

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Quoting RadKrish

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Yes BrownJ12, first of all she didn't even call us to let us know that she wouldn't lease the house.

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To be clear, you have a signed copy of the lease correct?

If you do, do the following.

1.) Call the new landlord, if they do not pick up then leave a voice mail stating that you have a fully executed lease for (read out the full address) that has been in effect since 4/10/14, state that she has failed to turn over possession of the house as agreed upon. Ask that she respond immediately to arrange for her to turn over the condominium to you. State that you have the completed application and check to give to her as previously agreed upon. I would also mention that you need to vacate your home by tomorrow and that she will be held financially responsible for all damages you incur while resolving this issue.

2.) Send an email stating the same thing.

3.) find yourself a place to stay if you have to be out of your house tomorrow.

4.) Begin looking for a new apartment. The new landlord will be financially responsible for your damages, however you must work to mitigate them. If you are trying to find a place and putting a good faith effort into finding something then a judge will award you the damages you incur. Until this is resolved, save receipts for every expense you occur due to this issue.

5.) Be prepared to sue her in small claims court.

I recommend you contact one of these legal clinics today, they can review the lease and assist you in how to contact your landlord. http://www.kcba.org/pbs/NLC.aspx

I would guess that your landlord is probably fairly inexperienced as it was unwise to send you a signed copy of the lease without you fulfilling her terms. Unfortunately for her once the lease was signed she was committed. Be firm but polite and you will get a lot farther with this faster.

Thanks BrownJ12.

I really wasn't behind her money or anything of that sort Brown. By gods grace we both are employed in a good company.

So far I lived in two states of this country, I never had such a problem.

But the way she did this to me, I was deeply hurt.
I want her to realize what she did is wrong and she cant do that to people .

For sure, I'll follow you guidelines Brown.
Thanks Again!.

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Quoting RadKrish

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Thanks BrownJ12.

I really wasn't behind her money or anything of that sort Brown. By gods grace we both are employed in a good company.

So far I lived in two states of this country, I never had such a problem.

But the way she did this to me, I was deeply hurt.
I want her to realize what she did is wrong and she cant do that to people .

For sure, I'll follow you guidelines Brown.
Thanks Again!.

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Good luck, post back with any questions, and be sure to let us know what the resolution is.