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Apartment Not Ready on Lease Date

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Apartment Not Ready on Lease Date

Postby DonnaMoreau » Sat Jul 18, 2015 6:39 pm

I signed a lease on an apartment in a co-op building, and paid the Realtor $200 credit check and left a check for 1 month deposit. The first and last month's rent are due upon moving in.

I was supposed to move in on July 1, 2015. The owner delayed getting her paperwork and checks into the management company, causing a delay in the Board Approval meeting, and the apartment was not available until July 16, 2015.

They want me to sign a new lease for August 1, 2015 to July 31, 2016.

In the meantime I have changed my mind about taking the apartment because I found out some things I did not like concerning the building and also have a problem with my current landlord because of the delay.

My question is, can I get out of the original lease for July 1, 2015 - to June 30, 2016, since the owner caused a delay and the apartment was not ready?
Thank you.
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Joined: Sat Jul 18, 2015 6:25 pm

Re: Apartment Not Ready on Lease Date

Postby TenantNet » Sat Jul 18, 2015 7:44 pm

I don't know if a situation like this is covered by any law or case precedent. This sounds like a contractual issue.

Have you checked the fine print on the lease you did sign? Many leases have provisions for units not being ready, and often they let the LL off the hook when it's due to an Act of God. That doesn't sound like that to me here. Try to get thim on record - in print - that the delay was due to owner negligence, not an Act of God.

Perhaps you could call the board and get someone to admit the cause of the delay. Better in paper, but if not, record a phone conversation. Don't worry - in NY that's legal if you know it's being recorded and they don't.

If you wanted compensation for the 2-week delay, that might be difficult. But here you want to toss out the first lease altogether. There's no obligation requiring you to sign a new lease.

I think it would be difficult for them to hold you to the existing lease, but in NYC I've heard of worse. If they want, they could seek to enforce that.

Of course getting what you've already paid out back might be pretty difficult.
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Re: Apartment Not Ready on Lease Date

Postby DonnaMoreau » Sat Jul 18, 2015 8:22 pm

Thank you.
Posts: 2
Joined: Sat Jul 18, 2015 6:25 pm

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