I put a dposit on a house and sign a lease for a move in date on the 11 July 2009 the relator keeps telling me that she doesn't know when the owners or going to be out of the house. Is this breach of contract if they are not out by time on the lease?

You need to check the lease and see if there is a clause that discusses about apartment availabilty


Or something along these lines


We are not liable for any damages or inconvenience suffered by you because of a delay in the occupancy date.

If there is no such clause in the lease, then you can hold them liable for damages incurred.
If there is than there is not much you can do, but see if they will terminate the lease agreement, and refund your money.

I put a dposit on a house and sign a lease for a move in date on the 11 july 2009 the relator keeps telling me that she doesn't know when the owners or going to be out of the house. Is this breach of contract if they are not out by time on the lease?


If the contract says you can take possession on 7/11/09 and you cannot, then, yes, they are in substantial breach.

HOWEVER - they are not in breach of the contract until 7/11/09 when you cannot move in.

As noted, yes it's a breach. You need to decide what you want to do. Do you want the house? In which case the landlord would have to reimburse your for living and storage expenses until the property was available.

If you want out, you tell the landlord that you consider them in breach and expect the return of your deposit.