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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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We signed a lease for an apartment in San Diego, CA a few weeks ago. We were scheduled to move into the apartment Sept 1st. The landlord just contacted us and said that the apartment will not be available until Oct 1st now. We currently have all of our stuff in storage, and are living out of a hotel, so this really is inconveniencing us. They offered to give us another apartment that just became available (a smaller one that they already told us has some water damage), but I believe we would have to sign a new lease since technically this is a different apartment. Since the landlord is the one that is breaking the lease, are they responsible for paying for our "housing" until we are able to move into the original apartment we signed the lease for? What are we entitled to now that the landlord has broken their end of the lease?
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#2 |
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What does your lease say if the LL cannot give possession of the premises? Read through it. Most leases limit the LL's liability to a refund of monies paid or give you the ability to terminate the lease. A typical lease is worded like this:
POSSESSION If Owner is unable to deliver possession of the premises at the commencement hereof, Owner shall not be liable for any damages caused thereby, nor shall this agreement be void or voidable, but Tenant shall not be liable for any rent until possession is delivered. Tenant may terminate this agreement if possession is not delivered within _30_ days of the commencement of the term hereof. What does yours say? |
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