Legal Question in Landlord & Tenant Law in Florida

Liability
Paid move-in fees of and signed lease to a college-affilliated housing apt. Informed apt. complex that I would need to qualify for apt. using out of town paycheck stubs, and don't have a guarantor and can't pay last three months rent. Was told 1-1/2 months later that I can't use the paycheck stubs that were faxed because they were not local. Also told that I must qualify another way, or find someone to take over lease. If I can not do either, I must still pay the entire lease. I questioned why I was not told that out of town pay check stubs were not accepted when I signed lease and paidn the move-in fees. I have nyet ot receive an answer. I keep getting the run around. I would like to know who is liable for the fees. I do not feel that I should be liable since I informed the representative that I would be using an out-of-town paycheck stub, and that this would be the only way that I could qualify for the apartment. I also have a witness who heard the entire conversation, as well. Now I am out of $220, and possibly an additional $6,000, because I was not properly informed, nor is it noted on the lease agreement. I would not have signed the lease had I been properly informed. What can I do? Thank you!

Asked on 7/25/04, 2:06 pm

2 Answers from Attorneys

Tonia Troutwine, Esquire - Troutwine Law Group. LLC

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Re: Liability

If they approved you and signed the lease, then they waived their own "paycheck stub" policy and have to allow you to move in. If they do not, you have a claim for specific performance of the contract against them and will want to file it in small claims prior to moving there to resolve the issue.

Answered on 7/26/04, 12:02 pm

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