Legal Question in Real Estate Law in California

Transferring to bigger apartment

When I moved into the apartment they told us that we could transfer to a bigger apartment after 6 months. I went in yesterday to do so and they said their policy changed we can't transfer until the end of the lease now. Is there anything I can do about that?


Asked on 4/29/09, 5:45 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Transferring to bigger apartment

Its not real likely that you can force them to move you into a larger apartment, unless you got their promise in writing, or as a part of the lease agreement. You may wish to review the full facts with an attorney, but its not going to be very easy to overcome a lease of a specific unit for a specific time frame with nothing but an oral promise to move you at some point in the future.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/29/09, 6:14 pm
David Gibbs The Gibbs Law Firm, APC

Re: Transferring to bigger apartment

Its not real likely that you can force them to move you into a larger apartment, unless you got their promise in writing, or as a part of the lease agreement. You may wish to review the full facts with an attorney, but its not going to be very easy to overcome a lease of a specific unit for a specific time frame with nothing but an oral promise to move you at some point in the future.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/29/09, 6:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Transferring to bigger apartment

Many leases have so-called "integration clauses" that say things like "This document contains the entire agreement between the parties, and any prior or differing oral agreements, understandings, negotiations, etc. are superseded hereby." If you have such a clause, you are pretty much limited to whatever rights to up-grade are specifically mentioned in the lease, or which the landlord is willing to do as a voluntary modification.

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Answered on 4/29/09, 7:02 pm


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