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| help on tenent rights - victim of "bait & switch" |
| Posted by: mike |
| Date: July 18, 2006 07:21:34 AM |
| I was shown and we agreed upon an apt. on move-in date, i was given another one, lacking a view and a patio despite being shown one. Now they say if I wanted that one, it would cost an additional $60/m. Is this legal? Who do I complain to about this? It involves a new apt complex in brevard county, FL. |
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| Re: help on tenent rights - victim of "bait & switch" |
| Posted by: Ralph |
| Date: July 18, 2006 02:22:08 PM |
| Whether you have any recourse may depend entirely on what was said (actually what you can prove was said) and/or what was in the lease agreement or other written documentation (for example, brochure or other advertising).
In larger complexes, it is not unusual to end up with a unit other than the one shown. Some complexes even keep models available for showing that are never rented. Accordingly, it's important that the lease agreement specify the unit the tenant will get. If there is any question about the matter, the tenant should require written confirmation that the unit will be essentially identical to the one viewed regarding important amenities. It should have been relatively easy to verify the amenities of "view" and "patio" before signing the lease.
If you do not have such written proof, you must understand that oral statements are difficult to prove and can usually be proven only by a recording (legally perform, of course) or a witness.
If you are a member of a protected class under federal, state, or local fair housing laws and suspect that discrimination that violates a law is involved, you could pursue the issue through the appropriate agency.
Most states require that property managers be licensed as real estate brokers when managing property in which they have no ownership interest. Licensing is not required if managed by the owner and employees of the owner. If the project is managed by a real estate brokerage firm, you could try to file a complaint with your state's department of real estate. |
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| Re: help on tenent rights - victim of "bait & switch" |
| Posted by: Ed |
| Date: July 18, 2006 11:13:12 PM |
| It isn't clear if you already signed a lease. If you haven't, simply refuse unless they agree in writing to what you were told. Did you ask which specific unit you would get and did you look at it? |
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| Re: help on tenent rights - victim of "bait & switch" |
| Posted by: Ralph |
| Date: August 15, 2006 06:03:48 AM |
| Unless in a rent controlled unit, there is no limit, although a few states require a longer notice period for a month-to-month tenancy when the increase is greater than a specified percentage. If renewing or extending a long-term lease which has a definite termination date, such a limiit may not apply even in those states because, the alternative would be to not allow renewal or extention, forcing the tenant to simply leave. |
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| Re: help on tenent rights - victim of "bait & switch" |
| Posted by: Ed |
| Date: August 15, 2006 11:31:56 PM |
| In the non-rent control areas of CA, if rents are raised more than 10% in a year, the tenant must be given 60 days notice, but they can be raised by more than 10%. |
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