Does a landlord use as a termination date, a date earlier when atenant actually receives the keys?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a landlord use as a termination date, a date earlier when atenant actually receives the keys?

I signed a lease on 9-17-10 and did a walk-through. Someone was still living there. I did not get the keys until 9-22-10. Due to bad credit I was told that I could not get utilities turned on in my name. Now I must break the lease. The landlord wants the termination date to be 9-17-10. Is this right?

Asked on September 27, 2010 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a general matter, the date(s) in the lease control--but that works both ways. If the landlord did not provide you access on 9/17, when you had contracted (that's what a lease is--a contract), then that was the *landlord's* breach of the lease. Furthermore, it was very likely a material--or important--breach, one that would give you the right to terminate the lease without penalty. So a good argument could be made that that the appropriate thing is to use 9/17 as the termination date and that was the date the landlord breached and you terminated accordingly.

Even if the landlord does not accept the above and you elect to not fight it, at the very least, the landlord's failure to deliver possession on the contracted for date was a breach and you would not have to pay rent for  the days the landlord was not in breach like this  and did not or could not deliver the apartment.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption