I feel hoaxed into renewing my lease w/ a promise ?

Question

Well on the 9th of January 2008, I received a pink notice on my door that read. Renew your lease and you get the month of February free. Then at the bottom, it read renew by the 15th (pretty much). I received notice on the 9th a Thursday. Anyway I didn't go on that day by the time I get off work and pick up my child the office is close. Didn't go Friday either. They are open for a limited time on Saturday so I call and I told them that I wanted to come renew when can I come in and one of the office managers said anytime Monday would be fine. (leading me to believe that this Saturday was not an option). I get off work on the 12th, Monday, skip picking up my child and go straight there to get the lease done, and there are a swarm of people there. I waited for over 30 mins, then got help and told them I came to renew my lease w/ the notice I received, I was given the papers and told to go fill them out and bring them back tomorrow. Now it's the 14th, and I do the same thing go straight there, w/ papers signed and dated for the 13th, and an agent looks over them to make sure all is complete, and stated that she will try to get the final agreement typed up, and ready for me, won't be able to do it today (the 13th), but come in tomorrow and check to see if the papers are ready. Came back on the 14th, w/ the pink paper in tow, told another agent I was seeing if my papers were ready, was told that she probably don't have them done yet, and for me to hold on to the pink paper that stated rent free, and to write down my name, number, and unit number for them and they will call me when my papers are ready. At this point I'm thinking that all is well, and I've done what is for me to do, and that it's in their hands, expecting not to have to pay rent for next month. I have received no calls no notification until Jan 29th 2009. A note posted on my door that is dated for the 26th, and it states that my papers are now ready, and in caption on the bottom 
***PLEASE NOTE-IF YOU HAVE RECEIVED THIS NOTICE YOUR RENEWAL WAS NOT COMPLETED IN TIME FOR YOU TO RECEIVE THE CONCESSION OFFERED AND YOU WILL HAVE TO PAY FEBRUARY'S RENT AS NORMAL. ARE YOU KIDDING ME?!! How can this be possible for them to do this? I absolutely refuse to pay. Lets say that I got the renewal paper in to them on the 13th like I did, it took them 13 days according to the dated letter, to type up my final agreement how is this fair to me. What if I was planning on moving when my actual lease was up? They just inconvenienced me in a huge way and I think they should validate what they offered. I feel they knew how much time it would take, and I feel that when I came in on the 14th and they didn't have papers ready and asked for my info to get back to me, she SHOULD HAVE told me right then and there If they do not get this typed up and signed by the next day for me to still expect to pay my normal rent, but i was told nothing. Also while I was in the office on the 14th someone else walked in with pink paper in tow, and I over heard them tell her to "hold on to that paper now, you'll wanna keep that" Now what would that tell you? I still expect that they would honor it. Any ideas on how I should deal w/ this?  Please if you don't have anything to say other than Just pay my rent then don't respond.....  How would you feel if this was you.  I'm a very reponsible person and I have the money to pay my rent, but that is so not the point to all of this.  Thanks!!

wazat · Accepted Answer

I have found it impossible to "withhold" rent .
I understand your problem , but if you don't pay they evict.
If you don't pay , and fight it (court) , it will be more expensive for you , and they will probably evict you in the process.
My advice is to pay , then take them to small claims court. This requires no lawyer , and will be difficult for the landlord to stall , and impossible for them to evict.
They made the "offer", they shouldn't be able to rescind it so easily.

kellie · Answer

If you had lived there for 3 months and they were asking you to sign a lease renewal starting in August, why would you sign that? It makes no sense that you would even consider doing that. So now you are in a signed lease through July 2014? = is there any way to get out of it? probably not, but you can always ask. You can always move and face the consequences. Most likely a court will responsible for about 3 months of rent.

BoomChikkaBoom · Answer

File a complaint with your attorney general or consumer affairs for false advertising, because that is exactly what they did.

They made you an offer, you completed your end by the date specified and it's neither your fault nor your problem that they did not complete their end in a timely fashion.  The offer was contingent on you renewing by a certain date, which you did.  They didn't have a clause in there about how long it was going to take them to process their end.

Pay your February rent for now so they don't file to evict you, but I'm betting you will get a free month after they get contacted by the state. The penalties for consumer fraud can be pretty stiff.

wildbirdie · Answer

They made the offer in writing (as is required for all deals involving real estate) and you complied with it, so you are on safe legal ground.  You responded within the period specified in the offer.  The question is, are you willing to put up with the hassle, time and expense of going to court?  They are betting that you aren't.  By the same token, you can walk out on them if they aren't willing to honor the conditions.  They would probably hold your security deposit and send your cancellation charges to a collection agency.  Then you're back to the same question of going to court and fighting to clear the collection.  It's probably not worth it.  Sorry.  Look for another apartment for next year.

moglie · Answer

Go to the office and talk to them.  If you have proof that you gave them the papers before the 15th, show them and they will probably waive the rent.  If they won't waive the rent, talk to the next person up in the management company (assuming there is one.)  If they won't waive it, pay the rent and take them to small claims court.

Taliban Dan · Answer

Wazat has the best answer, but let me add a little,

If your problem is unique, your chances of winning are slim but not impossible. If this has happened to others, you now have a 'precedent'. This will help you win your case.
The important question for you in my opinion is the following:

Is your time worth something ? How much time will you spend chasing this free month's rent? Will you have to go to court ? Will you attract negative attention from your landlord? You have to put the whole story into perspective. Remember that a good referral from a past landlord is worth it's weight in gold.

Anonymous · Answer

This is a scam---even though you spun your wheels a bit--you clearly stated that your paperwork was submitted by the 14th. You were with in the time frame---be it by one day--you were in their. It is not your fault they couldnt process your paperwork on time. I am wondering if they went ahead and extended your lease anyway and if they did this is even more shady. You need to contact someone at the highest level in that Management Company. ASAP. I am curious--please follow up and let us know if they extended your Lease anyway--or if the lease is still going to expire on the original date

Discovery · Answer

Complain to the manager, then the higher person. Its not like there actually is a difference between yesterday and today, the offer is there, you followed the instructions, they didnt process it. You are entitled. Go higher up and complain.

Anonymous · Answer

Sounds like typical Corporate America getting rich for absolutely  no reason.

I say screw them and move!

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I feel hoaxed into renewing my lease w/ a promise ?

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