Can I cancel a lease if my mone-in date keeps getting postponed?

UPDATED: Mar 28, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 28, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I cancel a lease if my mone-in date keeps getting postponed?

I made a contract to lease an office 4 months ago. The orginal move in date was the first of last month. The owner offered to fix the interior, however, it took 2 months to get the permit and now the building is under construction. The owner told me that once he gets the permit it will take maximum 3 weeks to fix the place. He got the permit 3 weeks ago. He cannot deliver the office to us still. I am wondering if I could at this point to cancel the contract. I kept asking him the exact date he could deliver the soace to us but still keep changing the dates.

Asked on March 28, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can most likely terminate the lease without penalty if the move-in date keeps getting moved back. When one party to a contract--which is what a lease is; a contract--breaches it in a material, or important, way, that breach will generally permit the other party to terminate the agreement (justify its nonperformance of its obligations). From a tenant's point of view, the most critical term of a lease or tenancy is possession--being able to actually move into and use the space. Having possession continually delayed would constitute a material breach of the lease.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption