Apartment and Rental Properties - Leasing office breach the agreement three days before move-in date

I'm living in California. Two weeks ago, I've rented an apartment from the apartment leasing office and put the holding deposit and signed the form with apartment unit number and monthly rental. Today, which is three days before the move-in date, the leasing office called me and said the old tenant changed his mind in the last minute and extend the lease for another two weeks. So they decided not to rent the apartment to me. They gave me a choice to move into a smaller apartment first. If the old tenant moves out after two weeks (which again they do not gurrantee), then I can move in. But I have to bear the cost for transfering all my furnitures, cable TV/internet, etc., from one apartment to another. Basically they messed it up with the old tenants but want me to bear all the cost and inconvenience caused. I questioned with them about my right as I have put the holding deposit and signed the form. But they said they couldn't force the old tenant out. I was told by my friends that I can claim 3x the holding deposit from the apartment leasing office. Is this true? Anything I can do to protect myself? Their attitude is like "This is all you can get and what can you do with me?" which really make me angry.

The landlord can not legally evict the tenant from the apartment without going through the court system. That's why it is best not to get signed leases until the potentially available property is vacant and available for rent. And, never sign a lease unless the apartment is truly empty.

Of course, it is life not as you planned. Inconvenience. Additional moving expense. Changes in utilities, etc. if you take the smaller apartment and opt to move to the larger when available.

"Basically they messed it up with the old tenants..." No, basically you messed up by jumping the gun and signing a contract on an apartment that was not vacant. And, the landlord is also responsible for presenting a contract on an apartment that is not yet vacant. But, the greatest responsibility is yours for not looking out for your own best interests. You should walk through the vacant apartment with the landlord to take inventory and pictures to document the condition of the apartment before moving in.

"but want me to bear all the cost and inconvenience caused." No, the landlord offered the best he had to offer under the circumstances and that is a smaller apartment.

"I was told by my friends that I can claim 3x the holding deposit from the apartment leasing office. Is this true?" Landlord tenant law varies from state to state. Some cities have laws. References to up to 3x the deposit are in reference to landlords wrongfully withholding deposit refunds after tenants vacate. This requires the tenant to go through small claims court to collect. To date, you have not asked for a refund, and the landlord has not refused it. Again, a case of jumping the gun.

"Anything I can do to protect myself?" Yes, either wait 2 more weeks to see if the renter does move out, take the smaller apartment and stay there (additional expense involved), ask for the deposit back and look for another place. And, learn your state's and any local landlord tenant laws. Do not sign a contract on an occupied apartment, because unpredictable things can happen as you have learned.

"Their attitude is like "This is all you can get and what can you do with me?" which really make me angry." Sorry, but that is the way it is. The landlord's hands are tied. All he can offer is the smaller apartment at this time. <!-- / close content container --><!-- open content container -->

I was told by my friends that I can claim 3x the holding deposit from the apartment leasing office. Is this true?

Sometimes it is, and sometimes it isn't. It largely depends on how convincing you are to the judge, whether or not the law allows, and whether or not your INITIAL allegations included relief under that law.

The law your friends are referencing is a consumer protection or fraud law that many states have adopted under differing names. They all allow for damages for up to three times the base claim in certain cases. Those cases involve consumer fraud of some degree.

In your case, you would have to prove that the landlord offered a lease and entered into the lease with you knowing that he could not deliver on the terms of the lease. Your only argument would be that the landlord did not exercise reasonable diligence in making sure the terms could be met, AND, that any other similar landlord would have handled the contract differently and according to accepted industry standards.

Legal battles are expensive. Are you prepared to do that?

A friendly judge could actually award, as base amount of damages, the return of your deposit, and the difference between the deposit and a deposit at a new place, allowance for temporary housing over the cost of average rent for the area, storage of furniture and personal effects if temporary housing could not hold it all, and moving expense to move into a permanent place, plus three times the deposit. And possibly attorney fees.

An unfriendly judge may just laugh off the entire thing, and if the landlord returns your deposit, you leave court with nothing but attorney bills to pay.

Your choice. It's a tough one and only a local attorney can help you make it.

Good luck.

Thanks for your advices. My problem is solved. My company let me to stay in the corporate housing for one more month so that I can have enough time to look for another apartment.

The landlord, which is a company, owns at least two properties in the county I'm living in, each having a few hundreds of apartment units for lease. My corporate housing is actually in an apartment belongs to one of the properties. I've been told to inform the leasing office whether to renew the corporate housing in 30 days advance before the lease end date.

So, there is an agreement between former tenant and leasing office, same as there is an agreement between me and the leasing office. In this case, the former tenant breached the agreement with leasing office. And the leasing office chose to breach the agreement with me. All these happened because it is too expensive to look for legal help. To avoid going through the court system, leasing office chose to breach lease with me. To avoid going through the court system, I have to choose to live with it. This is not about "right" or "wrong". This is "the way it is" as twelvepole said.

For people have been living in united states for a long time, they are probably getting used to how this system works. For people just moving in united states like me, hope my experience can help you avoid this kind of trouble in future.