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Put briefly, our would-be future landlord has denied our…

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Put briefly, our would-be future...
Put briefly, our would-be future landlord has denied our lease application *after* they already accepted it. They're doing so based off of information they already had when they approved us nearly a month ago. They retroactively denied it today, and we are scheduled to move in on Thursday. Their reasoning is that an occupant in a nearby unit at our current apartment complex has roaches - not us. Our current landlord has reached out and emphasized that the roach problem does not involve our unit, and that they have had no problems with us as tenants. Our current apartment has been pre-leased to a new tenant shortly after we move out, so we can't extend our lease where we are. We will soon be homeless because of this. We paid a $200 application fee and have passed the background checks, credit checks, income checks, and everything else. We have not officially signed the lease however, and had arranged to do so on our move in date.
Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 5 hours by:
12/13/2017
Lawyer: Thomas Swartz, Attorney replied 4 months ago
Thomas Swartz
Thomas Swartz, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,238
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified

Hello JACUSTOMER,

Unfortunately, having your lease application approved is not a binding agreement on the landlord. A tenancy agreement does not become binding until you actually sign the lease. So unfortunately the best that you can do in this situation is to strenuously argue with the prospective landlord to proceed to go ahead and sign the lease with you. Of course you should present all the information you can that the roach problem was not yours, and argue with the prospective landlord that you fully complied with application process and passed all of its requirements. You might offer an additional amount of rent to induce the landlord to proceed. You might also try threatening the landlord with a civil action for return of your application fee because you complied with the application process and were approved only to be denied later based on false information.

Thomas

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Thomas Swartz
Thomas Swartz
Thomas Swartz, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,238
3,238 Satisfied Customers
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

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