Can I terminate my lease if...? Please help!?

Question

my lease states that I move in on the 15th, but I couldn't because the landlord still had furniture in there that was supposed to be moved. I have asked three times over the past week and they have still not removed it preventing me from moving in. Can i terminate my lease and receive a refund of my deposit and rent for this month?

Answer 1

Read your lease. The answer is there. If it says that you were to occupy the property on the 15th, but the property was not ready to be occupied, then read the lease to see what provisions, if any, the lease makes for the landlord's inability to provide the agreed-upon housing.

You may have to look elsewhere in the lease. It may provide for a proration of rent. It may provide that, after a certain number of days, the lease may be terminated. It may provide almost anything.

Talk to a lawyer. Or call your city or county offices and ask to speak to someone who deals with landlord-tenant issues.

However, make sure you cross every "t" and dot every "i." Otherwise, the landlord may argue that you're the one who broke the lease, or violated its terms. You want to be on the "right" side of the law.

Answer 2

Possibly not. I'd just give the landlord a call and tell him you are moving the furniture into the hallway or onto the front porch.

Answer 3

I would say you could. The landlord did not stick up to his end of the bargain. Meaning breach of contract. You are supposed to move in on the 15th, the dwelling was not ready for lease therefore the contract is void.

Answer 4

The rules are different from place to place.  Do a google search for the landlord/tenant board in your state/province to get a correct answer.

If you're talking about an entire house of furniture, then you might be able to charge him for alternate accommodation until you can move in.  If you're talking about a nightstand and a lamp and you are just looking for a way to get out of your lease, probably not.

Answer 5

You are not a Lease Pro I guess.

If it is only a few days late, then a pro-rate of rent is in order.

Always put problems in writing Lease Pro!

If it drags on, then send a certified letter or have it served by a process server that on such a date the landlord has not keep to the terms of the lease.

Many States give the landlord time to correct the problem.

No lawyer would take this little matter and you do not need one.

There you go Lease pro!