Question for the lawyers on the forums.

BeefJerky

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Okay, a little backstory, I was SUPPOSED to be moving into a new place tomorrow, taking over a lease for a tenant that's moving out. :mad:

Last night, I met with said tenant and the landlord, chatted for awhile, and signed the lease and paid the pro-rated rent for the rest of the month. Everything was going fine and I thought the deal was sealed.

Today, I get a call from the tenant I'm replacing and she said the landlord decided not to rent to me, and she came by and returned the check for the rent, I was to have the deposit tomorrow. According to the landlord, one of the main reasons is that I'm a male, and the two roommates I would have, had I moved in, are female. I had already met and hung out with them, and we got along just fine, they were happy to have me move in with them. Another reason was that she complained I was "unkempt", which is total bullshit as I bathe regularly and am clean-shaven, wear clean clothes, smell nice aside from being a smoker, etc. I have several months rent and the deposit good to go, in my pocket and the landlord still said no.

I don't know a whole lot about this stuff, as in the past I've mostly just slept on couches and paid the other tenants without being on the lease (read: total loser).

The condos are privately owned by a family here in town, they aren't corporate if that makes any difference.

My main questions are:
1) Is that LEGAL? Refusing to let a tenant move in AFTER they have already signed the lease?
2) Is there any kind of illegal discrimination on her part involved in this?
3) Can my signature on that lease come back to bite me in the ass in any way, even though I never moved in?

I know there are a few lawyers that post around here, if you can provide an answer I would be EXTREMELY grateful, wish I had something more for you (like pizza or t-shirts). Thanks! :glee:
 

OrochiEddie

Kobaïa Is De Hündïn
20 Year Member
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Okay, a little backstory, I was SUPPOSED to be moving into a new place tomorrow, taking over a lease for a tenant that's moving out. :mad:

Last night, I met with said tenant and the landlord, chatted for awhile, and signed the lease and paid the pro-rated rent for the rest of the month. Everything was going fine and I thought the deal was sealed.

Today, I get a call from the tenant I'm replacing and she said the landlord decided not to rent to me, and she came by and returned the check for the rent, I was to have the deposit tomorrow. According to the landlord, one of the main reasons is that I'm a male, and the two roommates I would have, had I moved in, are female. I had already met and hung out with them, and we got along just fine, they were happy to have me move in with them. Another reason was that she complained I was "unkempt", which is total bullshit as I bathe regularly and am clean-shaven, wear clean clothes, smell nice aside from being a smoker, etc. I have several months rent and the deposit good to go, in my pocket and the landlord still said no.

I don't know a whole lot about this stuff, as in the past I've mostly just slept on couches and paid the other tenants without being on the lease (read: total loser).

The condos are privately owned by a family here in town, they aren't corporate if that makes any difference.

My main questions are:
1) Is that LEGAL? Refusing to let a tenant move in AFTER they have already signed the lease?
2) Is there any kind of illegal discrimination on her part involved in this?
3) Can my signature on that lease come back to bite me in the ass in any way, even though I never moved in?

I know there are a few lawyers that post around here, if you can provide an answer I would be EXTREMELY grateful, wish I had something more for you (like pizza or t-shirts). Thanks! :glee:

I'm not a lawyer, but did you check to see if the lease allowed the landlord to terminate the contract at any time?
 

cdamm

Trust the French?
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at least here in Illinois, you can choose not to rent to someone for just about any reason you can think of. its private property.
 

BeefJerky

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Actually the lease says that the landlord is required to give advance notice as per Colorado state law, how much of an advance wasn't specified on the lease, but I should check the law as I'm sure it defines that length of time. I didn't even think about that, thanks Ed, I gotz some reading to do. :buttrock:
 

OrochiEddie

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Actually the lease says that the landlord is required to give advance notice as per Colorado state law, how much of an advance wasn't specified on the lease, but I should check the law as I'm sure it defines that length of time. I didn't even think about that, thanks Ed, I gotz some reading to do. :buttrock:

well 10 minutes is still in advance.
 

Tyranix95

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That language usually refers to eviction notices. You can't be evictied form the premises before you occupy the premisis. It does not work that way.

Landlords hate to loose (1) good paying customers and (2) renters that are ready to go. So, imho, I don't think he likes THREE'S COMPANY. It's either that or he really doesn't lke you or something about your person, or he really wants to rent to someone else.

For the best advice, get a free legal consult from a local attorney who specializes in Landlord-Tenant law. They will be able to answer all your questions in about 30 minutes or less.

The thing with Civil Law is that it is all about Damage and Injury amount$.
 
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BeefJerky

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That language usually refers to eviction notices. You can't be evictied form the premises before you occupy the premisis. It does not work that way.

Landlords hate to loose (1) good paying customers and (2) renters that are ready to go. So, imho, I don't think he likes THREE'S COMPANY. It's either that or he really doesn't lke you or something about your person or he really wants to rent to someone else.

For the best advice, get a free legal consult from a local attorney who specializes in Landlord-Tenant law. They will be able to answer all your questions in about 30 minutes or less.

You're right, I went over the lease again and that notice was in reference to eviction. And SHE was not thrilled about the Three's Company living situation. She's old (and old-fashioned), even though the two tenants still living there and the tenant leaving were totally fine with me moving in. Even though things seemed okay last night while I was signing on, she must have slept on the idea and thought I was a "threat", in all fairness it did look weird from her perspective, I'm almost 26 and the two roommates are 20 and none of us knew each other before hand (I responded to an ad on Craigslist).

I'm pretty much done being pissed off about it, I have all my money back, I've talked to all involved today and I'm just going to trust that all copies of the lease I signed have been destroyed (except mine, I'm keeping that shit out of paranoia). I have the three girls on my side in this, they can't really change the landlord's mind, but if any drama ever comes back on me they can vouch I never occupied the premises and I have e-mails and texts that refute any other claims.

EDIT: I'm just angry because it was a REALLY nice place for cheap, and dog friendly.
 
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Tyranix95

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We all do, but we can't be greedy.

I've got news for ya:

greed-150x150.jpg
 

lithy

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Offer to castrate yourself, she might reconsider.
 

SNKorSWM

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I've refused tenants in the past because of pets.
 

Dr Shroom

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Smoker, has a dog and a dick.
Three reasons not to take you.
 

BeefJerky

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Smoker, has a dog and a dick.
Three reasons not to take you.

One, I only smoke outside, I hate indoor smokers.

Two, AS I MENTIONED BEFORE, the condo is pet friendly, the landlord doesn't care about dogs and cats as long as you pay an extra deposit.

Three, I fully intended on keeping the tiger in its cage. :emb: You can't bang your roommates, it gets awkward and/or dramatic, I've watched it happen to other people. I've lived with single girls and couples in the past, it's really not a big deal. That old bitch was just trippin.
 

Heinz

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That's rough man, landlord must be pretty picky. If it was because you smoke, I find such a decision quite pathetic. I love smoking but cannot do it for more than a few months, so I don't but the smell isn't that bad. It's certainly not enough to taint a house. To me, you sound like a decent person but more importantly you're prompt on payment. What more can a landlord ask for?
 

BeefJerky

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That's rough man, landlord must be pretty picky. If it was because you smoke, I find such a decision quite pathetic. I love smoking but cannot do it for more than a few months, so I don't but the smell isn't that bad. It's certainly not enough to taint a house. To me, you sound like a decent person but more importantly you're prompt on payment. What more can a landlord ask for?

I've never had a landlord that wasn't okay with me smoking, as long as it wasn't inside. Which is fine, because I'm not a fan of smoking inside anyways. She seemed bitchy from the moment I met her, I get along with almost everybody I meet, it's very rare I meet someone I don't like right from the get go and she was one of those people. All things work out for the best, I would not have been happy with her as a landlord. I'm not really pissed anymore, I was just worried that having already signed a lease but never occupying the condo would result in some drama. The place was fucking perfect, but it didn't work out for me. Luckily, I'll be looking at a different place Friday, it's older, but the same price and the situation there is already mixed gender so I don't expect THAT to be an issue this time. It's still ridiculous though, if the current tenants are comfortable living with me and I have money IN HAND, what's the fucking problem? All things considered, the landlord screwed THEM more than she screwed me.
 

ki_atsushi

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I've never had a landlord that wasn't okay with me smoking, as long as it wasn't inside. Which is fine, because I'm not a fan of smoking inside anyways. She seemed bitchy from the moment I met her, I get along with almost everybody I meet, it's very rare I meet someone I don't like right from the get go and she was one of those people. All things work out for the best, I would not have been happy with her as a landlord. I'm not really pissed anymore, I was just worried that having already signed a lease but never occupying the condo would result in some drama. The place was fucking perfect, but it didn't work out for me. Luckily, I'll be looking at a different place Friday, it's older, but the same price and the situation there is already mixed gender so I don't expect THAT to be an issue this time. It's still ridiculous though, if the current tenants are comfortable living with me and I have money IN HAND, what's the fucking problem? All things considered, the landlord screwed THEM more than she screwed me.

Now's your chance to fuck those girls and sleep on their couch. Revenge that old bitch.
 

Heinz

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Now's your chance to fuck those girls and sleep on their couch. Revenge that old bitch.

That would be serious win, haha.

@Beef, Yeah she's lost a paying tennant. There are plenty of shitty tennants out there so it's a loss on their side. I get what you mean about not liking someone the moment you meet them, some people are like that. You just don't like them.
 
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