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Got Kicked Out on when Moving in

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  • 06-08-2009, 07:23 PM
    azgard109
    Got Kicked Out on when Moving in
    i am in the state of VT
    ok so we find this nice apartment the guy asked a few basic questions just what our income was he said it was fine if we wanted the place we could have it told us to stop by at 8am next day to sign lease. we did the lease paid the First months rent, Last months rent and a Security deposit on top of all that then a pet deposit. our move in date on the lease is June 6th. he assured us door would be open key would be inside. we stop by to see no key door locked. after 20 calls we finally get ahold of him he said the key would be there 8am monday.

    we arrive with our load all furniture and everything on open trailor from 45miles away. at 2pm no key and we cannot get ahold of landlord finally about 1 hour later we talk to him he tells us he shapooed carpet that morning and could not move in its now june 8th. we get upset and say we got to move this stuff in today he sais no one talks to me like that and drives over writes us a check for what we paid him and tells us to leave the property.

    He had aleredy cashed my check it cleared the bank. and our move in date on the lease is june 6th 2 days before. i dont see how this is legal that he did that. We had to drive the whole load 45miles to our mothers house.

    any one have any suggestions on what to do. i am planning on seeing a lawyer anything i should try to get. and bring with me other then the lease paper work and proof of payment and all that.
  • 06-08-2009, 08:40 PM
    jk
    Re: Got Kicked Out on when Moving in
    if you are spending money to stay somewhere, bring a statement or receipts from that as well.

    While you seem to have a valid contract, think about the situation you are getting in to. While you can force him to be your landlord, this may be the worst time of your life and finding another place may be in your best interest.
    I am not saying roll over and do not expect anything for your time and trouble and presumably money this will cost you due to this guys antics but think about the situation when making your decisions.
  • 06-08-2009, 10:34 PM
    azgard109
    Re: Got Kicked Out on when Moving in
    after seeing how this guy acts i dont really want to be there but we also have 2 small kids and he were staying in a basement before and had to get out of there when this place came along so now we have all of our stuff packed in a open trailor its now outside but covered and we will have to move it all to a storage unit until you can locate a new place which is going to be very hard. its not easy finding a 2 or 3 bedroom for a reasonable cost.

    would there be any case for suing him. i admit we did get upset with him but still since we signed contract and paid rent deposite and all. i would think he would have to give 30 days notice it would have save so much trouble if he let us stay up to 30 days and we would pay that month then we would find a new place and be gone.
  • 06-09-2009, 02:26 PM
    jk
    Re: Got Kicked Out on when Moving in
    actually, the point is, unless there is something in the lease that allows the LL to terminate it at will, you have a lease and the LL is obligated to provide the house as agreed for the entire term of the lease.


    Are you in a large enough municipality where they may have a renters advocacy office or renters assistance office or something similar? This guy is really in the wrong, by your statements and if there is such governmental assistance, that may be your best avenue.
  • 06-09-2009, 08:00 PM
    azgard109
    Re: Got Kicked Out on when Moving in
    I am pretty sure here if the LL wants to terminate the lease he must give 30 days notice. so he did not here. his only explantion was he didnt like the way he was being talked to. but if he didnt screw around for the last 2 days and he had it ready on time or at least contacted us there would not have been a problem. he wrote me a check and told me to leave. im going to his bank just to make sure the check is good before i try to cash it.

    i am waiting to hear back from my lawyer now hes looking into it and seeing what if anything can be done i would like to at at least sue him for the gas moving and storage fees.

    its not going to be easy to find a place to live apartments are hard to come by at a good price especially since we need a 2 or 3 bedroom. and this guy owns many buildings in the area. so got to stay away from those.

    i also talked to another lady who had a similar problem. he told her she could have the apartment the specified a date to do the lease. after many calls he finally answered and he started screaming at her and hung up on her.
  • 06-10-2009, 01:58 PM
    jk
    Re: Got Kicked Out on when Moving in
    the lease can be terminated by whatever the lease allows OR it can only be terminated by time (whatever length the lease is for).

    If there is nothing in the lease allowing the LL to terminate, he cannot just terminate the lease at will.
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