Apartment rented to someone else but I have signed the lease

I was attemoting to rent an apartment and gave the landlord a signed lease and security deposit. He was to sign the lease and we were to get together and finalize the lease. I had an issue to clear up and we talked on the phone on monday he gave me until Friday to finish the lease. I contacted him on Friday with the go ahead for the lease and he had not yet signed my copy or cashed my checks and had promised the place to another party and as of Sat has signed alease with them. do I have any other recourse to get my apartment becuase of the lease being signed by me and his verbal agreement and also incinuation via an email that as long as my check cleared on the date I said we were good to go with the deal. He did not inform me that he had another party interested in the deal after I was and we agreed to our deal. Plus he changed the original offer with out letting me know. I was being offered at $925 and he rented for $1000 without my knowledge.

no im sorry you have no case in the matter just so long you collect the checks from him and they have not been cashed then there is no case. unless you signed a lease satateing you would pay in full on a certain date and didnt then he could actually keep your deposit and call it a forfiet!

I don't understand. You signed a lease, gave him checks, then told him to wait and not to cash them? I don't know what your "issue" was that you had to clear up, but you told the LL not to proceed with the lease. You changed your mind. So he didn't sign it or cash your checks - at your request. Then several days later, you return and tell him to go ahead with the original lease.

Once you sign the lease and submit payment, you are in a legal contract. The LL has every right to cash those checks immediately and hold you to the terms of that lease. But you asked him to not cash them and not to execute the lease at that time, and he was nice enough to agree. In the interim, he found a tenant who was not undecided on whether to rent and who would immediately sign the lease and accept possession.

Normally, if a LL doesn't execute a lease once it was signed and deliver possession to you, you would have a case against the LL for that. But since you asked him not to, I cannot see where you have a case. You have no right to ask that he not execute the contract once you sign it. You cannot ask for a delay in executing the contract. Either you want the place or not. The contract you signed said you were to take possession immediately, not later. You have no proof of a verbal agreement to delay execution. Since you couldn't commit, the LL found another tenant who would. Accept your checks back, and find another place to rent.

I have a question response to this. So my friend and I just signed a lease for an apartment last week, and i put down my security deposit, and my friends security deposit wasnt going to be in until the following monday this is friday mind you i gave my deposit, and the landlord said thats fine just have it by the following friday. Then he calls us up today (monday) and says that he made a mistake that he had already leased out the apartment for another year to the current tenant. Now,Do we at this point reserve any claim over the apartment since we did in fact sign a lease, and myself paid a security deposit that is suppose to guarentee me that apartment, or did we basically just get screwed out of that apartment because of our "land lords" stupidity...and if that is the case and that apartment isnt granted to us, if there were other leases signed after the time of our signing in the same complex, could we make a claim to any of those as long as they were equal in price value?

You signed the lease, but you failed to pay the deposit. Normally, the full deposit is required at signing, not later. Most LLs would refuse to sign a lease unless the move in monies were paid in full with certified funds at lease signing. Did your roommate sign a delayed payment agreement? Dis he do anything in writing to document that the LL agreed to reserve the place even though the two of you did not pay the monies you owed at signing? Did the LL sign the lease in your presence?

Your position on this issue is in question. On one hand, you did sign the lease to take the apartment. But on the other hand, you did not pay the monies required at signing to finalize the agreement. If the LL signed the lease too, I would believe that YOU might have a good chance at requiring the LL to rent to you. Your roommate, however, may not. He did not arrive at signing with the monies he was told to bring. He failed to pay as required. And since he failed to pay, that means your entire deposit was not paid in full as required. His failure puts you in jeopardy.

If I had to hazard a guess (and this could go either way depending on a judge's point of view), it would hinge on the signatures. If the LL signed the lease, I would consider that to indicate his approval of a delayed payment. If he failed to sign it at that time, then approval would be pending the completion of payment, and the contact was not completed.

My question is in relation to this issue as well. I viewed a potential student rental community a few months ago to move into (I am not a student, they lease to everyone) and was given a tour by one of the reps. I was interested in renting after the tour and from what I was told prior to signing the paperwork with him. However, after everything had been signed, he asked me for the security deposit (which was more than I was told initially) and at that very moment, I expressed to him that I was no longer interested in renting the unit because I could not afford the deposit. So I paid him nothing and he apologized to me and told me if I changed my mind and wanted to rent with them to feel free to come back anytime. I did not get a copy of the lease, nothing because I declined renting there. A few months passed, and I get a letter from their corporate office stating that I owe them for the lease even though I did not occupy the unit (nor did I pay a deposit or further express interest in renting). I was under the assumption the rep destroyed everything the day that I walked out of the office. Obviously not. Is this legal? Is there a way I can fight this?

Why would you sign a lease without having the security deposit paid first? Had you filled out an application prior to viewing the unit and signing the lease, or right then? Did he immediately run your credit & background checks then? If your credit was not as good as believed or your criminal history was not clean, the deposit would be higher to offset the higher risk. If you didn't have good LL references, or had civil court issues (judgments, evictions, etc.), your deposit can be higher due to the higher risk you pose. I don't understand how you can take a tour then immediately sign a lease? And why wouldn't you make sure the documents were destroyed in front of you?