Moving Nightmare
May 30, 2010 12:35 PM Subscribe
Any ideas about my moving nightmare?
I live in California. I signed a lease on a rental house and gave my landlord a check. I then sold my condo. On the day I was supposed to get the keys to the rental, my landlord told me that the current tenant didn't move out. I had literally packed my entire condo into boxes. That was almost a week ago. Now both the tenant and landlord have lawyers. The tenant claims she is moving out in a few days, which is luckily before my condo sale closes and I have to move out. But I am really worried she won't move out by then. To make matters worse, I will be out of the country for much of next week, so it will be hard for me to stay up-to-date on what is happening.
I feel really screwed here because this situation is costing me money but there is no provision in the lease to provide for it. I don't want to poison my relationship with the landlord by insisting he pay for this, especially since it's the tenant who has caused this problem. But at the same time, he should have been more aware of what was happening and he probably should have put more buffer days between the tenant's move-out and my move-in. I could go after the tenant but I have a feeling that the tenant-friendly laws of CA will help her. Plus I don't want to have to pay for a lawyer.
Any ideas for how to navigate this quagmire, and possibly make back the money I am losing, would be appreciated.
I live in California. I signed a lease on a rental house and gave my landlord a check. I then sold my condo. On the day I was supposed to get the keys to the rental, my landlord told me that the current tenant didn't move out. I had literally packed my entire condo into boxes. That was almost a week ago. Now both the tenant and landlord have lawyers. The tenant claims she is moving out in a few days, which is luckily before my condo sale closes and I have to move out. But I am really worried she won't move out by then. To make matters worse, I will be out of the country for much of next week, so it will be hard for me to stay up-to-date on what is happening.
I feel really screwed here because this situation is costing me money but there is no provision in the lease to provide for it. I don't want to poison my relationship with the landlord by insisting he pay for this, especially since it's the tenant who has caused this problem. But at the same time, he should have been more aware of what was happening and he probably should have put more buffer days between the tenant's move-out and my move-in. I could go after the tenant but I have a feeling that the tenant-friendly laws of CA will help her. Plus I don't want to have to pay for a lawyer.
Any ideas for how to navigate this quagmire, and possibly make back the money I am losing, would be appreciated.
Can you get the landlord to pay for one of those "pods" that they deliver and you could at least get your stuff on the premises in the pod? Then at least you don't have to put the things in a separate storage facility. It might be worth looking into even if you have to pay for it yourself.
Or how about renting per-day from the new owners of your condo? You could sign a short-term day-to-day lease with the buyers if they're willing and then get your landlord to pro-rate your first month's rent to accommodate this temporary rental expense you have.
posted by thorny at 12:45 PM on May 30, 2010
Or how about renting per-day from the new owners of your condo? You could sign a short-term day-to-day lease with the buyers if they're willing and then get your landlord to pro-rate your first month's rent to accommodate this temporary rental expense you have.
posted by thorny at 12:45 PM on May 30, 2010
IANAL, but the landlord is almost certainly violating the lease. Does the lease have anything about "peace" or "quiet." Because those words have special legal meaning that you and even your landlord may be unaware of.
I had a disagreement over money with a landlord soon after moving in and I just reduced my next rent payment and included a letter explaining why. He wasn't happy, but I think he knew he was in the wrong so he accepted it.
posted by meta_eli at 12:47 PM on May 30, 2010 [1 favorite]
I had a disagreement over money with a landlord soon after moving in and I just reduced my next rent payment and included a letter explaining why. He wasn't happy, but I think he knew he was in the wrong so he accepted it.
posted by meta_eli at 12:47 PM on May 30, 2010 [1 favorite]
IANAL, but the landlord is almost certainly violating the lease
In some places the landlord has no duty to get rid of holdover tenants.
You probably need to talk to a lawyer and you may have to sue the holdover tenant yourself, depending on the terms of the lease and the laws in your jurisdiction.
posted by ishotjr at 1:09 PM on May 30, 2010
In some places the landlord has no duty to get rid of holdover tenants.
You probably need to talk to a lawyer and you may have to sue the holdover tenant yourself, depending on the terms of the lease and the laws in your jurisdiction.
posted by ishotjr at 1:09 PM on May 30, 2010
I don't want to poison my relationship with the landlord by insisting he pay for this, especially since it's the tenant who has caused this problem.
This is part of being a landlord. And his tenant is violating the very definition of a lease.
Be polite and firm and make it clear that you are very concerned and that the landlord must resolve this situation so that you can move in at the appointed date. There is absolutely nothing wrong with expecting the landlord to honor a signed contract. Get to know your tenants' rights laws and find out what exactly you are entitled to.
The way to not poison your relationship with your landlord is to not make any unfair accusations, unfounded threats, or be a jerk in general.
posted by desuetude at 2:23 PM on May 30, 2010 [1 favorite]
This is part of being a landlord. And his tenant is violating the very definition of a lease.
Be polite and firm and make it clear that you are very concerned and that the landlord must resolve this situation so that you can move in at the appointed date. There is absolutely nothing wrong with expecting the landlord to honor a signed contract. Get to know your tenants' rights laws and find out what exactly you are entitled to.
The way to not poison your relationship with your landlord is to not make any unfair accusations, unfounded threats, or be a jerk in general.
posted by desuetude at 2:23 PM on May 30, 2010 [1 favorite]
One option to think about:
Find a different apartment immediately. Tell the landlord that if this is not remedied in X days, you will be moving into that apartment and that you will expect a full refund of the money you gave him.
You may then need a lawyer to chase the money, which will probably not be economical, which may mean that you have lost that money. But better to get on with your life, perhaps.
posted by Mid at 4:33 PM on May 30, 2010
Find a different apartment immediately. Tell the landlord that if this is not remedied in X days, you will be moving into that apartment and that you will expect a full refund of the money you gave him.
You may then need a lawyer to chase the money, which will probably not be economical, which may mean that you have lost that money. But better to get on with your life, perhaps.
posted by Mid at 4:33 PM on May 30, 2010
Response by poster: Thanks for the advice everyone. I am definitely not paying rent right now while someone else is living in the house. Mid, your idea about finding another place is very interesting. I suppose that's my only real bargaining chip. The problem with making any demands on my landlord is that I'm not clear if he can really do anything. He obviously wants this woman out, and aside from hiring a lawyer and trying to evict her (which he's doing), there's not much he can do.
It's tricky for me because I want someone to pay for the costs that I'm incurring. I have no actual dealings with the tenant, and it's possible she's acting within her rights. So a lot of people have suggested the landlord should be responsible -- but he isn't really the problem. It's not clear to me how I get compensated, and from whom.
posted by malhouse at 5:48 PM on May 30, 2010
It's tricky for me because I want someone to pay for the costs that I'm incurring. I have no actual dealings with the tenant, and it's possible she's acting within her rights. So a lot of people have suggested the landlord should be responsible -- but he isn't really the problem. It's not clear to me how I get compensated, and from whom.
posted by malhouse at 5:48 PM on May 30, 2010
When speaking with your landlord, be very empathetic and assure him that you know that the tenant is causing both of you a big headache, not just you. This puts you both on the same side, and the tenant on the other. Then, if it becomes evident that you will not be able to move in on the expected date, include a comment about how you are sure he understands that you are tracking any extra costs you incur, and will be expecting to be reimbursed for them. My non-lawyery logic says that since your contract is with him, and he did not have the place ready for you to move into, he is to reimburse you. He can then go after her for the costs, if she is at fault.
posted by ThatCanadianGirl at 6:27 PM on May 30, 2010
posted by ThatCanadianGirl at 6:27 PM on May 30, 2010
Mid, your idea about finding another place is very interesting. I suppose that's my only real bargaining chip.
You can possibly adjust the move-in date for the future buyers of your condo. You can ask your future landlord for storage fees for your belongings and lodging. You can take him to court for breach of contract. You have quite a few bargaining chips. If CA law favors tenants, then you've probably got a lot more bargaining chips. You have signed a lease -- you're now a tenant, and can take advantage of tenant's rights laws.
IANAD, but you have no relationship with this tenant. Go through the landlord. He has a legal responsibility to you. You're going to have to (calmly, fairly) advocate for yourself.
posted by desuetude at 8:08 PM on May 30, 2010
You can possibly adjust the move-in date for the future buyers of your condo. You can ask your future landlord for storage fees for your belongings and lodging. You can take him to court for breach of contract. You have quite a few bargaining chips. If CA law favors tenants, then you've probably got a lot more bargaining chips. You have signed a lease -- you're now a tenant, and can take advantage of tenant's rights laws.
IANAD, but you have no relationship with this tenant. Go through the landlord. He has a legal responsibility to you. You're going to have to (calmly, fairly) advocate for yourself.
posted by desuetude at 8:08 PM on May 30, 2010
If the landlord is hiring a lawyer and trying to evict the tenant, then he is doing all he can do to get her out. I don't see how suing either of them will make anything better. It might make things take longer.
The landlord is trying to do the right thing, and you will have to deal with him for as long as you live in the house. Don't sue him.
posted by twblalock at 11:56 PM on May 31, 2010
The landlord is trying to do the right thing, and you will have to deal with him for as long as you live in the house. Don't sue him.
posted by twblalock at 11:56 PM on May 31, 2010
"Listen, landlord. I understand that this is not your fault and I'm not mad at you. But here's the situation I'm in: Because I thought I had a place, I boxed everything up and made moving arrangements. Now, because of this delay, I'm paying [$X/day] for reasons [x,y,z], and there's no clear guarantee about any day I'll be able to move in. Because of this, I'm asking that you consider paying me [$X - some reasonable amount/day] until this gets resolved. I'm sorry to be one more issue for you to deal with, but the alternative is that I need to start looking for other housing to stop the bleeding, and I don't want to do that. Please let me know what you think."
posted by kingjoeshmoe at 1:41 PM on June 1, 2010
posted by kingjoeshmoe at 1:41 PM on June 1, 2010
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Also, I would start looking for a cheap storage facility for your stuff in case you need to put it there until you find a permanent place to live.
posted by chiababe at 12:42 PM on May 30, 2010