Is my lease voided if my apartment is not ready for me on the move-in date?
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Is my lease voided if my apartment is not ready for me on the move-in date?
I signed a lease about 4 months ago for an apartment beginning on the first of this month. I went tog et keys at the end of last month and I was informed that the apartment would not be ready for “at least 2 weeks” and that he would “call me in a week to let me know”. Almost every room needed repainting. It was marked by a noxious smell of cat and there were a number of other cosmetic and functional jobs that needed to happen. He had not yet received a quote or had a conversation with a contractor. I needed an apartment right away, so I went and found another apartment. Now he is refusing to refund my deposit.
Asked on October 10, 2011 under Real Estate Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a written lease agreement for the apartment that you were going to occupy, you need to carefully review it in that its terms and conditions control the obligations owed you by the landlord and vice versa in the absence of conflicting state law.
You need to look carefully for any provision concerning time is of the essence to occupy the unit. If there is such a provision, you were entirely justified in refusing to take possession of the unit due to its poor condition.
If your landlord was unable to provide possession of the unit to you in an acceptable condition, you were within your rights to deem the landlord's failure to perform a breach of the agreement and rent another unit. The lease is voidable at your option which you exercised.
Your landlord owes you the return of your deposit.
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