Renter Rights - New Lease?

Question

Hi,

A friend of mine just recently rented a house. She signed a lease that began on 7/1. She made it clear to the landlords that she will not be moving in until late July. She has paid a deposit and 1st month's rent. The landlords are now expecting her to pay another month on 8/1. Should she say something to them about the fact that she has not been able to move in yet and would like the 1st months rent check to apply for August? There are not alot of available properties in her area so she does not want to anger them. Does she have any rights?

Any suggestions are appreciated.

Answer 1

Well the problem is that she accepted the lease for 7/1.

The LL held that place for her, it is not fair for him to "go w/o" a paying tenant because her needs did not comply with the lease agreement. She accepted the place the month of July, she is liable for the month of July and all months following the lease agreement.

She should have had the lease modified to fit her move in date. But she didn't request that, sorry she's SOL.

Answer 2

There is not a lot she can do since she signed and accepted the lease 7/1 weather she moved in right away or not does not make a difference. She signed on 7/1 then she started renting 7/1 regardless of move in date.

Answer 3

Each state has a different Landlord-Tenant Act designed to protect the rights of both parties in a rental agreement.  Your friend and the landlord are bound by the same Tenancy Act.

A lease is a legally binding contract. On it would be an effective date of  "possession" of the suite- not when she moves in and starts living there.

What your friend was trying to do is have the landlord hold the suite until she moved in.  She can't do that.   Why should the landlord have to eat a month's rent?

Sorry but your friend doesn't have a leg to stand on.  

According to your summary the lease began on July 01, that means your friend's first month's rent payment is for July.  It's pretty straight forward.

Answer 4

No.  Once you pay your rent, you can live in it or not.  It doesn't matter.  She paid them on 7/1 so as far as they are concerned, that is when she moved in.  They don't care if she's using it or not.

An apartment is like a storage unit.  You pay for it every month, regardless of whether you put anything in it or not.