We have in our land contract that new windows would be completed by nov. 1, 2008 and new siding done by July 1, 2009. Now it is June 5, 2009 and only half of windows are done and the siding will not be done on time either through no fault of ours. Can we get our deposit and principle back since landlord broke our land contract? Thank you for your help!

Have you been occupying the premises, and if so since what date?

Yes we have been living in the house since Aug. 1, 2008.

You won't get your deposit or principal paid back unless you sue the other party and unless the contract contains language that specifically states you can get deposit and principal paid in back due to their noncompliance of the windows and siding you won't be able to recover this money. The other party may still finish the windows and siding with or without you being in the home. Why not just put a little pressure on them to finish the job instead of moving and possibly losing all deposit and any monies paid into this contract so far?

yes we have been living in the house since Aug. 1, 2008.

You could perhaps get out of the contract, but the seller would probably get a setoff in the amount of the rental value for the period you were in it.

What does the contract say will happen if they don't live up to it.

Him not having work done on time would break the contract wouldn't it?

Him not having work done on time would break the contract wouldn't it?

If by 'break the contract", you mean they get nothing and you get everything,

no.