Landlord Lease Forms

I signed a lease with a large building a few months ago, and paid a deposit and first months rent already. Yesterday, they told me that the camera on my lease is not available and that I need to move to another unit. The former tenants have indicated they would leave behind, and have now changed their minds.

The lease clearly states the unit number, and said that if the landlord can not "deliver possession of the premises, I have the right to terminate the lease. However, I also signed a reservation 'and move-in Cost Analysis "form the same day as the lease. This form was supposed to take an apt for 72 hours when you pay an initial deposit. I was told that this form was not important because we were signing the lease real that day. However, this form has a clause which states: "I understand my apartment may be occupied. Therefore, I moved to the date and / or an apartment can be changed. "

My hypothesis is that the lease prevails over the other form and represents a legally binding contract. Note that the lease does not mention this other form. A the landlord breached the lease because of the non-delivery of the specified unit? The owner claims that the "reservation" form means that they can change the unit or move the date if they wish. If so, the lease offers me no protection against arbitrary changes to the unit or move the date?

I think the current tenant should be forced to leave the unit in another vacant unit, they are the ones who made the mistake of giving an inappropriate opinion. Am I right?

They were a bit difficult. I hate that. In the future, you can always write by hand: "I am the rental unit 6" above your signature. I want a camera that overlooks the pool, not the highway. I bet you can get your money but you need to scream and you can just be ready to take the other unit. If you do, ask the first right onto the next 5 apartments are vacant. You can finish with the best in the resort /.

I am no lawyer, so it is not legal advice. However ....

Your analysis is correct. The lease should override the other form. It is a legally binding contract.

However, to apply it, you'll probably need a lawyer.

Recognize, too, that the building manager is unlikely to evict the current tenant, they may not even have the legal right, the existing lease. Apartments consider a bird "hand is two dollars in the bush." They will not risk upsetting the current tenant, even one who has given notice inappropriate.

In practice, perhaps you could negotiate a reduced rental amount to another unit. Or because they are unable to deliver the contracted for the unit, you should be able to terminate the lease. But do everything legally, with the advice of a lawyer.

Good luck.

Does not look like you have a right to the apartment number, if the landlord can not "fight the possession." You have the right to terminate the lease. I also assume you do get full refund of all deposits and / or money in good faith that you gave them so far.

With combining these two forms, the management says this: "Our agreement with you is for the apartment # X. Apartment # If X is not available on the date you're supposed to move, you have the following choices: 1 - Change your date of move, 2 - move into a different apartment, or 3 - You can terminate the lease. "