vendredi 24 juin 2016

Giving Notice: 30-Day Issue when Transferring Unit Within Property. Manager Breaking Oral Agreement

My question involves landlord-tenant law in the State of: California

I live in a apartment complex managed by a well known company, and wanted to move to a different unit within the same property. I have lived in the same complex for a few years until a few months ago I moved out and then moved back in a month ago into a different unit. My current unit has noise issues so I want to moved back to my different unit which wasn't available a month ago. I saw that a unit I am interested in recently showed up as opening next month. When I contacted the apartment manager, he said that they are not sure of when the other unit's resident is moving out as yet. Also he said that the rent for that unit is been bumped by 20% in the last month. So even though my unit and the other unit is exactly same (only location differs), if i change, the rent will be up 20% in the lease.

He asked me to give a 30 day notice to vacate as soon as possible, and they would let me know the date when the other unit resident is moving out when they find out. It seems the other unit's resident has only given notice to vacate but hasn't confirmed move out date.

I am concerned that if in case the other unit resident doesn't move out, and if I gave the 30 day notice, the management company will use it to force me out from the current unit as then they can easily bump the rent up ~20-30% (prices have been rising very rapidly in this region at the moment).

The manager of the complex seems to be very hard on ensuring that the company gets advantage of every penny they can, as the apartment demand is high and they don't seem to care even if long term residents leave. For example, when I leased my current unit a month ago I had specifically asked the apartment manager about a known 30-day satisfaction guarantee under which within first 30 days there is no penalty for breaking lease. But when I called about transferring to another unit, the complex manager said he doesn't recall his oral agreement about a 30-day satisfaction guarantee and is using it to add a 1-month rent as "transfer fee" on top of usual rent. He now says 30-day satisfaction doesn't apply to me because i was a resident in a different unit previously, even though I had moved to different place for some a few months, and then came back to this property as an "new resident" and my application/deposit/credit check etc were processed as a "new resident".

If this transfer of unit doesn't pan out, I don't want to be leaving my current apartment, or have the complex see the notice to vacate as an opportunity to do new lease with 20% higher rent (I leased only 1 month ago).

questions:
- Can one be sure that the other resident will move out as he/she seems to have given notice?

- If the unit's resident changes his mind, can the apartment complex force him out as they have begun discussing that unit's potential lease with me?

- Can I change my mind and not be forced out by the complex if i gave 30 day notice?

- What's my recourse for the 30-day satisfaction that he orally agreed to applies to me and that the apartment management seems to offer?


Giving Notice: 30-Day Issue when Transferring Unit Within Property. Manager Breaking Oral Agreement

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