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Can landlord keep current tenant and not let me move in after notice was given?

This is a discussion on Can landlord keep current tenant and not let me move in after notice was given? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Hi, I am currently in between moving from one apartment to another. I gave legal written notice to my current ...

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Old Jul 22nd, 2012, 10:46 AM   #1
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Default Can landlord keep current tenant and not let me move in after notice was given?

Hi, I am currently in between moving from one apartment to another. I gave legal written notice to my current apartment and have been planning to move into the new one by the end of July. It is now the 22nd of July and the landlord is telling me that there is a chance that the tenant he has living in the one I am moving into may rescind their 30 day notice. The landlord asked me to wait another 2 days to find out for sure if the tenants are leaving. Can he really allow them to stay after they gave him legal written notice they were leaving? I have already provided him with paperwork and paid the security deposit. The apartment was advertised to be available at the beginning of July and he keeps pushing the date further and further back. I don't want to be without a place to live!
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Old Jul 22nd, 2012, 11:18 AM   #2
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Default Re: Can landlord keep current tenant and not let me move in after notice was given?

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Originally Posted by needtomove View Post
Hi, I am currently in between moving from one apartment to another. I gave legal written notice to my current apartment and have been planning to move into the new one by the end of July. It is now the 22nd of July and the landlord is telling me that there is a chance that the tenant he has living in the one I am moving into may rescind their 30 day notice. The landlord asked me to wait another 2 days to find out for sure if the tenants are leaving. Can he really allow them to stay after they gave him legal written notice they were leaving? I have already provided him with paperwork and paid the security deposit. The apartment was advertised to be available at the beginning of July and he keeps pushing the date further and further back. I don't want to be without a place to live!
The only alternative a landlord has with a tenant who will not move is to go through the eviction process. And that can take anywhere from 10 days to 90.

It is a difficult position this tenant has put you in, but you may attempt to do the same with your current landlord, tell him the place you are to move in is not yet vacant. There is little other choice. You could approach the tenants directly in the apartment you wish to move into, though and get from them a dead certain date.
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