Expert: Timmy Chou - 6/27/2010

Question
I have a 12 month lease that ends on august 31st, 2010.

I wanted to move out early so the landlord found someone to move in on a new 12 month lease starting August 20th. The landlord then called me on Wednesday June 16 2010 and stated that the people who are scheduled to move in on August 20th now want to move in by July 27th and I would be given a prorated rate for my rent in the month of July.

I calculated the rent myself, and sent the apartment manager my calculation of the rent which was $70 cheaper than her calculation and asked how she calculated the prorated rent for 27 days. Her first e-mail response (30 minutes after mine) was to "see the last e-mail she sent and that her calculation is correct".

I followed up with another e-mail, saying this is not what I asked, I asked her how she calculated the prorated rent as well as a question regarding pipe noise from my neighboring apartments that she had not fixed yet. She responded 5 minutes later after this e-mail stating the "couple that was going to move in July 27th has now changed their mind."  

I am certain that my landlord actually told the other couple that I am not available to move out until August 19th. I also went downstairs that day to listen in at her office and she told someone on the phone the person in this unit is unwilling to move so this date no longer works. I have asked my landlord to provide me with the contact phone number of the people moving into my apartment on August 20th and the landlord has refused giving me excuses such as they are busy because they have to work, and they have a wedding to plan.

I believe the apartment manager is being dishonest and would like to proceed with legal remedies by contacting the new couple moving into my apartment or forcing her to give me their contact info.

What legal options do I have to force her to give me their contact number since her dishonesty is costing me nearly $800+ in rent.

Thank you for your help.

Answer
Thank you for your question!

As I always advise questioners, mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

I am not an attorney and cannot give you legal advice but can respond from my management and consulting experience.  Note that this issue may certainly have legal ramifications and you may wish to consult an attorney.

As you are discovering, people are often not honest with you, BUT because there is no "Renter Police" you can call to help you your only remedy is to file a lawsuit, which could easily cost you $5,000.  People know that you are not going to do this over a few hundred dollars of dispute so they feel free to just do what they want.  

Legally you can sue.  

If you do this in small claims court you may be able to do this for around $100.  If you win you get your costs paid, but small claims is not going to award you "access to a third party" as it only can award monetary damages and nothing else.

You can look for a renter advocacy group in your area or check with the consumer protection office in your state for potential help.

These are some ideas.  Feel free to follow up with additional questions.

For your general information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

 Confidential, no public record
 Limited exchange of documentation, information
 Quick, don't have to wait for a court date
 Arbitrators have expertise in the subject matter and are trained in conflict resolution
 Cheaper than litigation
 Preserves business relationships

Negatives of Arbitration

 It's often a compromise, no 100% winner
 Complex arbitration can be costly
 If not satisfied, may litigate the arbitration procedure
 Poor results with an unskilled arbitrator
 Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

 Neutral mediator can objectively suggest alternatives not considered before
 Parties are directly engaged in negotiating the settlement
 Can be quicker than litigation
 Less costly than litigation
 Preserves business relationships
 85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

 may not reach a binding decision
 unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

 a clear winner and loser
 uses a prescribed set of procedures
 more predictable outcomes
 is final

Negatives of Litigation:

 waiting for court dates can do more harm
 usually more expensive than mediation and arbitration
 part of the public record