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Massha · Jul 30, 2009, 01:37 PM

We looked at a duplex on July 22nd and put a 500 deposit down and signed a lease to start on Aug. 1st. We were informed the current tenets had given written notice they would be out by July 31st as they were already 2 months behind on there rent (june and July) We scheduled a uhaul for the 1st and set up to have all utilities transferred over on that day. On July 28th the tenets contacted the land lord and informed her they would not be out until Aug. 4th knowing she had a sighned lease with new tenets. SO I switched everything to the 5th then last night Aug. 29th she said now she won't be out until the 7th. I need this place and soon, do I have any recourse to get this women out of the place as I have a signed lease starting the first?

excon · Jul 31, 2009, 05:51 AM

Hello M:

You have no control over the tenant... But, you DO have some leverage with the landlord with WHOM you DO have a lease. He obligated himself to deliver the apartment on the 1st. He didn't. He is in breach. Move into a hotel and enjoy yourself till it's ready, and bill him for it.

Of course, you KNOW it's going to be a wreck and he's going to need a few days to clean it up for you. Don't move in until it's spotless.

excon

ScottGem · Jul 31, 2009, 06:14 AM

excon is right, it's the responsibility of the landlord to turn over the apartment when the lease says it should be ready. The landlord is responsible for paying your expenses until the apartment is ready to move in.

Inform the landlord of this (don't just move into a hotel on your own) and see what they say. They may have space to put you up.

But you have no recourse against the tenant. That is the landlord's headache.

Massha · Jul 31, 2009, 08:39 AM

Thank you for your answers, I knew the place would be a mess, we had agreed I would only pay 1/2 of the deposit and the other half I was to work off by cleaning the duplex myself before I moved in. The problem is I already gave my current landlord notice and my kids start school at the new address on the 13th. The landlord has only offered to pro rate the rent for the month and that's it.

Fr_Chuck · Jul 31, 2009, 09:16 AM

And don't expect them out on the 7th honestly. Most likely they will be there till the landlord evicts them, they sound like old pro's, giving a new date, then another new date, to stop the landlord from filing an eviction notice in court. ( well does not actually stop them but many will just wait)

excon · Jul 31, 2009, 09:25 AM

Originally Posted by Massha

The landlord has only offered to pro rate the rent for the month and thats it.

Hello M:

Couple things... This isn't about what the landlord offered. It's about what you're entitled to under the LAW. You DID ask this question in a law category.

Given your recent disclosure of your deal to clean, plus what's going on with the present tenant, I can't see this situation improving. I can see it only getting worse for you.

These tenants aren't going to leave. He didn't evict them. He's just hopping they'll go, and it doesn't look like they will. They could be there for MONTHS...

If it was me, I'd be done with this guy. You're opening yourself up to a lot of problems if you were to move in.

I would do exactly what I suggested you do earlier. Move into a hotel. I agree with Scott too, in that you're going to be doing a LOT of communicating with the landlord...

Speaking of that, I'd write him a letter informing him that he is in breach, that you're moving into a hotel, and that he's going to be responsible for paying your bill. Send the letter certified, return receipt requested. Tell him to refund your deposit immediately, or you will file a lawsuit in small claims court.

Stand up, or you're going to get walked on.

excon

ScottGem · Jul 31, 2009, 03:21 PM

It doesn't matter what the landlord offered, its what he is required to do by law. Since he promised you an apt by 8/1 he has to provide a place for you to live on that date, or he is in breach.

The problem here is that if he refuses to pay, then you will have to sue him. You will, most likely, win but then you will have the problem in collecting.