If I signed a lease and 4 days before I was to movewas told thatthe apartment was no longer available, what are my rights?

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If I signed a lease and 4 days before I was to movewas told thatthe apartment was no longer available, what are my rights?

Asked on September 28, 2010 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A lease is a contract; it binds both parties. If one party breaches the contract, the other party can sue for damages and/or to enforce the contract. In a case like this, you could potentially sue for:

1) To force the landlord to make another apartment available to you (obviously, this would only apply in larger buildings where there likely is another apartment)

2) If you have to rent somewhere else and it costs more than the place you would have rented, you may be able to sue for the difference in rent.

3) If you have to do a more costly short-term rental  (or stay in a hotel) and/or store belongings, you may be able to sue for those costs.

You should consult with a lawyer to see your best options and your recourse. Good luck.


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