CanI get my deposit back if thelandlord breaks the lease before I even move in?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
CanI get my deposit back if thelandlord breaks the lease before I even move in?
Signed a lease last month for apartment under construction (NY state). The landlord said it would be move-in ready the middle of next month (its in the lease contract as the start date for the lease). The apartment won’t be ready now until after the first of the month after that. They told us we need to sign new “amended leases”. The lease says we won’t be “compensated for any time difference if the apartment is not ready” but can we get our deposit back if we leave and find a new place to live? I’d like to think so since the lessor is the one who broke the contract. Doesn’t this make it void and we are entitled to our money back?
Asked on July 19, 2011 New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are on the track for trying to resolve the problem you face with the landlord over the unit you agreed to rent that is not ready for move in by reading the written lease you have for it. The written lease typically dictates the obligations that the landlord and tenant have as to each other for the unit to be occupied.
The lease date in your agreement sets forth the start of occupancy. If the unit will not be ready for occupancy until a after the agreed upon date and you need to move in on that date and not later, the agreement is voidable, meaning at your option you can ask for your deposit back (and be entitled to it) and move on to find another unit to rent and not be obligated for any rent. If you still want the unit, you can wait for it to be ready, move in and abide by the lease's terms for monthly rent and the duration of the lease if it is for a stated term as opposed to a month to month.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.