apartment complex making me move but not evicted?

Question

i moved into my apartment complex in sept under another an organization that didn't pay my rent in three months.( i paid the organization mty rent they didn't pay the apartment complex)I paid the balance because this organization.is now bankrupt. the apartment complex told me i can get the apartment in my name if i paid the balance due and filled out and application for myself. They said i was approved and had to paid a desposit and my rent. i went to do this yesterday and now they are telling me that i will have to move out of my apartment and into another one once one becomes available because the apartment is under this organization that has been evicted . what can i do ? i like my apartment and where i'm located why must i move if the apartment complex is not longer dealing with this organization the other thing is why didn't they tell me this before i pay the owe balance and my rent for this month. i feel like i'm getting the short end of the stick

Answer 1

Wait a minute, if the company has the lease and not you, you legally do have to move, but the thing is you should be able to get them to cancel the old lease and let you stay. You are an occupant, the company is the leaseholder.

Let me make this clear, you do not owe the complex back rent, the company does, so dont let them make you pay it.

Forget attorneys, that is very wasteful for the amount of money here, and they will make it worse, and the complex will never keep you. Have the manager talk to their corporate office and get an answer from the area supervisor.

I think this will end up that you have to switch units since you currently have possession, its a legal glitch that may be impossible to get around in your state.

Answer 2

Actually it sounds like the apartment complex is trying to help you. As a property manager I would evict the company as the lessee and you as the occupant. There is no way around that.
However if you move into another apartment you are no longer a party to the eviction.
In addition, do not let this go to the point that the apartment complex has to sue you. If you lose it will adversely effect your credit and any management company will run a background check and find that you have an eviction. Most companies will not rent to anyone with an eviction. You will end up living in some crappy apartment that nobody else wants.
My advice is to take the new apartment and be done with it.
The apartment complex didn't screw you, the payee did.

Answer 3

Unless you signed a document saying that you would pay rent to the complex if the organization failed to pay them, you don't owe the complex a dime. Your obligation was to pay the organization, which you did.

You paid your rent to the organization already. They defaulted on their agreement with the complex, not you.

Unfortunately, that apartment isn't yours. It was the organizations, and they defaulted on their agreement and lost it. The complex is under no obligation to rent that same unit to you.

If they led you to believe that they would let you remain in that unit in exchange for paying them money that you did not owe, then you need to see a lawyer right away.

I would think twice about renting from these people no matter how much you like that apartment. You just got ripped off by them.

Answer 4

First of all, read your lease. I hope you have one! Many leases are made by a company called Bloomberg, and are a standard, covers it all approach. That does not make everything stated in the lease legally binding. If local or municipal laws are contrary to the lease, it is the law that is binding, not the lease. Many tenant / landlord lawyers will give you a quick phone consult for free. If you can not afford an attorney check with legal aid about getting free or low cost advice. Many larger municipalites have rent divisions that will answer your questions for free (ex: in NYC it is the Rent Stabilzation Board). There may also be a housing court available to you in your county. One piece of legal advice I was given and I will never forget. It has served me well. DON'T sue your landlord, let him sue you. Law suits cost money to initiate and complete. Let the landlord or management company absorb those costs. The bottom line is know your rights!

Answer 5

Wow. You really are getting the short end of the stick.

I would seek the advice of an attorney and find out what you can do on this. Hopefully, he or she can help you work out some sort of an agreement with the apartment owners.

If you can't afford an attorney, call Legal Aid in your area. You need some legal advice that I think may be beyond all of us out here in Yahoo land.

Answer 6

Yes, you are getting the short end of the stick.

The organization screwed you over and you can't get your money back because they are now bankrupt.

Because the lease is in their name, you do have to move.

The apartment had you start over from scratch so they could get their money.