Can they make me move?

Question

I live in a student apartment where everyone pays their own rent but live in the same apartment so you dont have to worry about how the rent will be made every month. My roommate isnt renewing her lease so that means theres an extra room in the apartment left. The property manager told me that they want me to move into the 3 bedroom which means i will have 2 roommates instead of the 1. I moved into a 2 bedroom because I dont want that many roommates and I dont want to leave my apt. I had already renewed my lease but now the property manager states that since the landlord wasnt present its not valid and I have till the 5th to move into the 3 bedroom if it want. Can he do that? I live in FL if that helps.

Answer 1

Okay, so the advice you're getting is to read your lease.  That's good advice, but you also have the issue of whether the lease is valid.  Since the property manager is saying it isn't, I'm thinking he knows the lease says he can't do what he's asking, so he's pretending it "doesn't count".  Tell him he needs put his requests in writing or you won't respond to them.

It may not matter if the landlord wasn't there.  Looking at your lease, there should be signatures for you and for someone representing the landlord.  Did they sign?  If so, the lease is probably valid.  

Regardless of what the lease says, landlord-tenant law offer you additional protection.  There's some info here for Florida:

http://www.800helpfla.com/landlord_text....  Read the whole thing carefully.

In short, I don't see how they can force you into another unit.  Say "thanks but no".  

But even more valuable may be this link, where you can file a complaint with the state for a violation...then let them sort it out.  http://www.800helpfla.com/complnt.html

Consider though, if you file a complaint, they're not going to be happy, and you may not want to stay there.  It really sounds like you might want to find a new place no matter how this works out.  You might also try talking to the landlord directly - in the hopes that the manager is doing this on his own.

Good luck!

Answer 2

If an authorized person signed your lease on the apartments behalf... you have not breached the contract.... if they force you to move they are breaching the contract... worst case scenario... your rent rate should go up to cover the difference of the missing roommate (if you contribute enough to cover the difference, they shouldn't have any problem with you staying there).... considering that you live in a student apartment, you could have special contingencies... you need to read over your lease and see what it says about renewing your lease/ breaking your lease/ moving out/ transferring apts.... hope this helps;-)

Answer 3

I don't think the property manager has right to do that.  Check with your lease, it should tell the exact address that you are renting.  I'm pretty sure the 3 bedrooms apartment has a different address with the one you are living now.  If they want you to move to that one, they'll have to give a 30 day notice to move and have you sign a new lease with the new address on it.  They may ask you to move but have no right to decide where you should move.  Refer to the lease anyway to see what's your right is.

Answer 4

You must have a lease?  Read it carefully, it should address those issues.  Then you and the landlord must abide by the lease.  My guess is that it is the landlords responsibility to fill the vacant bedroom and not your responsibility to move.  But it will all depend on the lease.

Answer 5

It sounds like your property manager is using a lease-by-the-bed system that's becoming more common in student housing.  So, even though you and someone else occupy the same unit, you each sign your own lease.  Does that sound about right?

These are advantageous to students (and parents that have to cosign) because it means you're only liable for your own rent and damages.  However, sometimes these leases have tricksy language in them having to do with troublesome roommate situations.  Because students are prone to roommate swapping, these leases are often very different than traditional leases.

Do you have a copy of your renewed lease?  Read it and see if your lease refers to a specific unit.  If so, you can probably stay.  The answer you seek will be found in that document.  They also probably have language in there stating that they can move in another roommate whenever they want, so expect that possibility that you may be living with someone you don't know/didn't choose.