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Can I be evicted after a apartment company changes credit stipulations after signing a lease?

I signed a year lease and was under old rules with the apartment company. Their claim: as long as I had a co-signer, I was fine under their old credit check company's policy.

Apparently, the apartment complex's parent office changed their credit check company and policy AFTER I signed my lease and now claim my co-signer does not qualify under the new credit rules. There's a possibility I may not qualify either. They recently placed this information for all inquiring residents of their property, but did not inform me.

My co-signer nor I were notified of the denied credit after signing the lease until now (I assume this is required under the Fair Credit Act). Now I risk being evicted and paying back a year's rent because of lack of information on the apartment complex and their parent management company's decision.

Should I be under the old stipulations or the new ones?

I realize each state is different and I will seek legal counsel.

Please help with info. Thank you.

5 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    I am not a lawyer, but I believe that if you had already signed a lease that they cannot evict you just because they changed their credit checking policy. However if your paying your rent late, etc then they might be able to use that to try to evict you.

    How are you with your neighbors (do you make a lot of noise past the quiet time ? If they want you out, they might try to find any excuse to evict you.

    If they do evict you after the fact, & then demand that you pay back the lost lease, I would hire an attorney.

  • 1 decade ago

    OK, I'm not sure if you actually moved in, but this is the way it works in both situations...

    You ahve to relaize one thing first... eviction is for someone who has done wrong and there is a definate legal process to it. You have to either owe money or have broken your lease stipulations in order to be evicted. You haven't done that. Remember that being asked to move is NOT necessarily an eviction.

    If you HAVE moved in, they absolutely cannot evict you on the basis of credit history. They can, however, make your life a living hell and every time you put a toe out of line they will be all over you... pay your rent EARLY. Not on time... EARLY... and get receipts EVERY TIME and keep them. Paper is EVERYTHING in a property management battle... keep every scrap of paper they give you.

    If you have NOT moved in, they cannot change the rules once you sign a lease, but once again, probably not going to be easy to live there anyway. I would try and get whatever deposits and such you gave them back and cancel. It's not worth it, these people are pulling some shady stuff if they are trying to change rules after you signed a lease.

    Now, as a third option, the property manager is doing things correctly and what you signed wasn't you lease, but only an application and commitment/holding deposit... if that is the case, find a new cosigner or move on.

    Source(s): 6 yrs property manager and CA Real Estate Lic
  • 1 decade ago

    It depends on the reason for eviction. A management company can throw you out at almost anytime. Generally speaking, they are required by law to make it sometime between April 1 and October 1 since most areas of the country have inclement weather in the winter. You should be under the old stipulation. Ex post facto rules are not allowed under the constitution. I would seriously consult legal aid or sue them for breach of contract.

  • 5 years ago

    Well, what do you want to do? Do you still want to move into this apartment, or are you willing to forget about it and find someplace else to rent? Your best bet is to work with the lessor and come to a compromise solution. But legally, if you can't compromise on anything, and the lessor cannot provide the apartment on the specified date, then the lessor is in breach of contract, and you can sue for breach of contract damages. Typicaly the damages will be the extra money you were forced to pay for temporary lodging while waiting for move in. Example: Lease agreement is $900 per month, or $30 per day. Move-in is delayed 14 days. You stay in a hotel for the 14 days and pay $55 per day for the room. Your breach of contract damages are $300 ($25 extra per day you had to pay for lodging, times 14 days.)

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  • 1 decade ago

    I would contact legal aid in your city and fast!

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