I recently signed a 9 month lease agreement for an apartment. I was suppose to move in today. The landlord advised me about 2 hours before I was supposed to pick the key up is that it would not be ready for occupany for a couple more days. I have no place to go except a motel. Can I break my lease agreement since the apartment was not ready when promised? PLEASE HELP.
2006-07-21 13:03:20 · 6 answers · asked by lescaldwell1951 1 in Arts & Humanities ➔ Other - Arts & Humanities
Landlord breached the contract. You didn't.
He made a contract to lease an apartment to you starting a certain date. He broke the contract. He now says 'a couple days'. Which means what? Did he give a specific date? Does a 'couple days' mean a week? a month? Did you make a verbal agreement stating that it was ok that he broke the contract and that you would move in when it was ready? If so....you still have a contract. If you didn't agree with his change of the contract. There is no contract. He broke it. If you need to stay someplace else....motel, etc. Save the receipts, deduct them from your first months rent. Make photocopies of the receipts to submit with your rent. If your rent is $1,000.00 and you spend five days in a motel for $500.00, deduct $500.00 from your first rental payment. There is nothing he can do. Do not just deduct five days rent. Deduct the whole motel bill. He broke the contract...you needed someplace to stay and had no choice. Call him and put in writing to him that due to his breach of contract that this is what you intend to do. Retain all paper work and receipts. He may tell you he doesn't want to pay the motel wherein at this point you tell him that seeing he "breached the contract and you have no place to stay....the contract is null and void". Then find yourself someplace to live.
As far as screwing up your 'rental history'....I don't know of any landlord that would report a 'negative' when he was at fault...so I wouldn't worry about that.
Good luck.
2006-07-21 14:29:59 · answer #1 · answered by COOKIE 5 · 3⤊ 2⤋
Well, your landlord is in violation of the contract you guys have (the lease) stating that the apartment would be ready for occupancy by the time of you moving in. Violations of contract have a few legal remedies open to them, depending on the nature and damage of the infringement. At the very least, you as the leasee are able to default on the contract, but you could also take the landlord to court in order to force them to compensate you for damages (such as the cost of storing all of your stuff for a few extra days, hotel fare, etc). However, sueing your new land-lord probably is not the best idea, because then when you move in, he'll be pissed at you, and besides the legal fees would likely be more than the situation is worth.
I should note that if the lease states something specifically against what I mentioned, or if your state has specific rules regarding this kind of situation it may be different: make sure you check your local legislature to see lease rules for your area, just in case.
2006-07-21 20:15:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you break the lease this will screw up your rental history however if it was in the lease that you were suppose to move in on this certain day and the place wasn't ready than the land lord should have to pay your motel fees
2006-07-21 20:17:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Read your lease carefully. It should have what is called "non-delivery of premises" clause. In my old lease the clause stated that if the place was turned over to me within 30 days the lease was still in force, but I didn't have to pay for that part of the rent. If it took longer than 30 days then the lease was terminated.
Your lease could be different.
2006-07-21 20:11:40 · answer #4 · answered by Diane D 5 · 0⤊ 0⤋
Yup you could if it is clearly mentioned in the agreement the date when the place should have been handed over....and what is more you could even get damages for non performance of the contract...however this is general,...land laws vary widely from place to place,...have a look in with a lawyer if you seriously intend to break the agreement...a stitch in time saves nine.
2006-07-21 22:07:32 · answer #5 · answered by msdniso2004 3 · 0⤊ 0⤋
If you break the agreement it will mess up your rental history when to go to another place. Ask the landlord what can they do since you were told one thing and it didn't happen.
2006-07-21 20:10:07 · answer #6 · answered by xcstbabygirl 3 · 0⤊ 0⤋