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Frenchierenn's avatar

Can you be kicked out of your apartment if you've already moved in?

Asked by Frenchierenn (7points) August 23rd, 2021

I was assigned roommates as well as my apartment even moved some stuff in with the help of my roommates who got their keys first. I was waiting until the office opened Monday to get my key after paying the rest of my fees for move in over the weekend. I then got a move out statement from the apartment so I called them and the property manager let me know. That since I had a previous eviction on my record he could no longer lease to me. I was already moved in and paid them 714.00 for my keys because they stated that I couldn’t get them without paying that. I was wondering if that’s even legal I was approved and they even signed my lease. I have my documents but I’m wondering what I can do. Because it’s either homelessness or see if my family back in Louisiana can take me in.

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10 Answers

longgone's avatar

I’m sorry, that’s truly awful. Whether it’s legal and [immediately] enforcable depends on your location. You would probably have the best luck by searching for something like “tenants’ rights” or “renters association” + [your town]. If you’re comfortable disclosing your general area, people might be able to help you search.

smudges's avatar

I suspect it’s completely legal. It may have taken a while for them to get the background report which showed the eviction. If it were me, I’d try to at least get my money back, but I know that some apartments won’t give it back after a certain time period. I, too, would suggest looking up “tenant’s rights”, and maybe even put a call in to the free legal assistance agency in your area.

Pandora's avatar

I know in my State where I worked as an assistant property manager for an apartment complex, it would’ve been illegal once the contract is signed, unless the lease states that occupancy depends on the background check or if you failed to disclose anything like bad credit or a prior eviction. Read your lease. Now if you didn’t sign a contract at all then you have no rights. They would have to refund you your money though but they will probably deduct the cost of the days you were there. I would like to add, if this is someone renting their private condo or something like that, then they have more rights than a business owner renting apartments.
As for paying an advance for the key, did you already pay first month rent and a security deposit? We use to charge that in advance to a person getting the key. You aren’t paying for the key. They usually secure the first month’s rent and security deposit before giving you a key. Money exchanged and a signed contract secures the contract unless there are stipulations in the contract that can void it.
You also said you were assigned roomates. Is this a college campus dorm? Because that could be something totally different than a normal rental.

Inspired_2write's avatar

“That since I had a previous eviction on my record he could no longer lease to me. ”
I suspect that the lease was depending on your references.
Legally he cannot accept you, based on his findings.

Irukandji's avatar

@Frenchierenn The landlord can kick you out, but they have to return the $714.00. If you paid with a check, stop payment on it immediately. If you paid cash, you will probably never see that money again unless the landlord is uncommonly honest.

@Inspired_2write A previous eviction does not legally prevent the landlord from renting to someone. If the lease was pending a background check, then nothing should have been signed until that check was completed. The landlord can refuse to rent the apartment to @Frenchierenn, but they are not obligated to refuse.

Inspired_2write's avatar

@Irukandji
Well we don’t know the details, so its a supposition.

Irukandji's avatar

@Inspired_2write We know that the OP is in the US, and no state or federal law anywhere in the US requires landlords to deny tenancy on the basis of a past eviction. So we also know that you were wrong when you said “legally he cannot accept you.”

Inspired_2write's avatar

@Irukandji
Yes we could argue this until the real facts of that contract is observed.
Otherwise argueing over incomplete facts in his case.

Irukandji's avatar

@Inspired_2write We’re not arguing over incomplete facts. We’re arguing about a statement that you made. You said “legally he cannot accept you.” That is not true, no matter what. The contract may give the landlord the right to refuse tenancy, but it cannot give him an obligation to do so. Under US law, private contracts are always enforced only at the will of the parties involved. Even if the contract said “anyone with a past eviction will have their tenancy revoked,” it is the landlord’s choice to enforce that part of the contract. There is no legal obligation, and therefore it could not possibly be true under US law that “legally he cannot accept [the OP].”

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