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Brent012 · Aug 28, 2007, 09:14 PM

A subleaser leased a room (and other space) in an apartment that was being renovated to me, but it was not completely finished until 2 months after the said move in date. During the delays he said we didn't have to sign a new lease. I checked the lease and there isn't any part about construction delays, and I wasn't given a copy of the master lease ever, so... can I sue for breach of contract and consider this lease void?

excon · Aug 29, 2007, 04:25 AM

Hello Brent:

I don't understand your question.

However, IF you rented a room that wasn't ready for you to move in when you were supposed to, then the landlord violated the lease. But, if you moved in afterwards, then apparently the landlords violation didn't bother you too much, so you'll never sustain a claim that HE violated the lease. Whether you got a copy or not isn't a breach. Go ask him for a copy.

excon

ScottGem · Aug 29, 2007, 06:57 AM

Let me see if I got this. You subleased space in a apt that was undergoing renovation. And you want to know whether the delays in completing the removations allow you out of the lease?

First, you are not entitled to see the master lease. Your landlord is the person you are subleasing form. Your relationship is with him. His relationship and lease with the apt owners has no bearing on you.

Second, If the lease included a move in date and that date came and went, then the lease is void. If you agreed to wait longer, then you modified the lease (didn't have to be in writing). If you moved in when the premises was finally ready then, you have affirmed the lease and the delays are now moot.

lynette5 · Oct 4, 2007, 07:08 PM

Originally Posted by Brent012

A subleaser leased a room (and other space) in an apartment that was being renovated to me, but it was not completely finished until 2 months after the said move in date. During the delays he said we didnt have to sign a new lease. I checked the lease and there isnt any part about construction delays, and I wasn't given a copy of the master lease ever, so... can I sue for breach of contract and consider this lease void?

In order to sublease you have to have a copy of the master lease.

Lowtax4eva · Oct 4, 2007, 07:36 PM

I think you mean the person who is subleasing has to have the master lease, of course. But he does not have to share the terms and cost of the master lease with the people he sub-leases to.