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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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I have been communicating with an apartment complex for

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i have been communicating with an apartment complex for months. i sent my deposit of $99.00 with my app, been approved, and i have been provided an address. today, i inquired as to when i may expect the lease agreement; i was informed that policy has changed and apartments cannot be short term nor held. i am slated to move in nov 1. i was told that i could not sign the lease too early which is why i inquired today, 5.5 weeks before move in date. truck rented, movers hired. what are my rights. i have the address provided to me via email. thank you in advance
JA: What state is this in? And how old is the truck?
Customer: it's not about the truck but about the apartment. i have arranged with my company in VA to work in FL for 6 months beginning in nov. and, now, i am told i don't have the address promised in writing.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: is anyone reading this?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. This appears to be a classic breach of contract because they changed the terms of the agreement without your authorization and consent. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach which would include the cost of renters, deposit, app fees, and any other fees or costs you incurred. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Customer: replied 29 days ago.
they have offered to return my $99 app fee; however, i remain without a place to live. any other options?

Your best option would be to demand that they reimburse you for the fees that you incurred for breaching the contract or you may want to consider taking them to small claims court if they don't agree. You could also just agree to modify your current agreement, move in, and then move out when your lease is up, but for now you can and should make a list of the expenses you've incurred and request reimbursement for them.

Customer: replied 29 days ago.
how can i file in court if i live in va and now have no address in FL into which i can move nov 1? they have left me in quite the pickle

I understand. Just because you don't live there doesn't mean you can't file. A breach of contract can be filed a) where the defendant lives or does business (FL) or b) where the contract was breached (VA). Until they pay, you may have to come out of pocket a bit, but keep a log of what you spent so you can request either informally or through the court system. What other questions did you have for me?

Customer: replied 29 days ago.
is it possible to have an email sent from you? otherwise,i think i have it.
Customer: replied 29 days ago.
sent to the apartment/leasing manager

I so wish that I could, but because I don't practice in those jurisdictions, I wouldn't be able to do such a thing. I'd be violating the ethical duties of the state bar. However, I think if you find a local landlord tenant attorney and pay them $50 for this, then they may be willing to just put it on their letterhead or even represent you on contingency.

If you don't have any other questions, would you mind rating me 5-stars today? I would sincerely ***** *****

Legal Eagle and other Legal Specialists are ready to help you
Customer: replied 29 days ago.
5 stars; much appreciate you

You're too kind, thank you so much!