Rental isn't ready, and construction isn't permitted (city hall, renters)

[CatBass]

That "inspection" my landlady did was to make sure everything was OK so they could sell the house. (It is perfect, by the way.) I immediately signed a lease on a new, much smaller house. The new owner said she was knocking out walls to make the rooms bigger, adding a closet, and adding a half bathroom, and it would be ready in a month. Construction was to begin immediately. I gave her a $5000 security deposit, and the lease was to start April 1st. As of today it's still not ready to move into. But she says she has a 10-day grace period to finish the work, and is demanding that I pay the full month's rent. Also, Building and Safety said she never pulled permits for the construction. Do I have a right to cancel the lease and get my security deposit back? I'm leery of moving into a place with illegal additions.

[Social Democrat]

Good advice from another post.
"Yes, you can get out of it. I used to be a property manager in Silicon Valley.

They can't hold your money since you backed out so quickly. You haven't cost them any money, and they don't get to keep any of your money unless they can prove you cost them money.

So, just demand all of your money back. If they say no, put it in writing with a deadline to pay it to you within a week, or you'll take them to small claims court. If they don't, file a claim in small claims court and ask for the amount they kept and write on it "plus court costs and any punitive damages allowed."

Once you file a court case, which by the way, should only cost you around $50, they will probably just give you your money back.

But, honestly, once they see you're willing to go to court over it, they'll probably just give it back to you. And they may not even try to keep it at all. But, it's always good to have a plan b.

Good luck. Good thing you found out this info before you moved in."
Also, google a local renters union for advice. Good luck!
Oh, and do it today.

[CatBass]

Thank you! She said she would return the check to me in three weeks. Except, she doesn't have any address on me. So I'm not sure how she thinks that will happen. I'm still worried she'll try to sue me to uphold the lease. But as you said, I haven't cost her any money. The place still isn't ready for occupancy. She really should have waited until it was finished before she rented it. It's cost me untold stress the last few weeks, wondering if it would be finished in time, and where we would move to, and what to do with all my stuff, etc.

[Social Democrat]

Can you go pick up your check from her? Stalling for 3 weeks is inexcusable as you need the funds to apply for another rental. The delay could also jeopardize your position on this issue.

[CatBass]

I guess I could tell her that I would like to meet with her in person, and give her the keys in exchange for my deposit. How would waiting three weeks jeopardize my position?

[Electrician4you]

Originally Posted by CatBass

That "inspection" my landlady did was to make sure everything was OK so they could sell the house. (It is perfect, by the way.) I immediately signed a lease on a new, much smaller house. The new owner said she was knocking out walls to make the rooms bigger, adding a closet, and adding a half bathroom, and it would be ready in a month. Construction was to begin immediately. I gave her a $5000 security deposit, and the lease was to start April 1st. As of today it's still not ready to move into. But she says she has a 10-day grace period to finish the work, and is demanding that I pay the full month's rent. Also, Building and Safety said she never pulled permits for the construction. Do I have a right to cancel the lease and get my security deposit back? I'm leery of moving into a place with illegal additions.

Lol. There is no 10 day grace. Where the f do people come up with this crap? . She’s blowing smoke up your butt. Ok it’s really really simple. You go there walk in and say “you did not have the property ready by the promised move in date and you’re in breach of contract. I have a signed lease and I just took date stamped pictures. Please return my money immediately or you’re taking her to court and since it’s unpermitted work you will stop by your city hall building department and to speak to a buikdung inspector and tell them they might want to stop by 123 bullcrap landlord street Your City USA. The city can force her to remove all that she remodeled. Especially if she moved walls plumbing and electrical.
Even if you get your money I would turn her in to the city hall. Why! Simply because you are a liar and a cheat. And I despise liars and cheats. Wanna f with me? Welcome to the Thunderdome.

I wouldn’t wait for three weeks. I would tell her to write you a check right now. Screw wait8ng 10 days or three weeks. I wouldn’t wait 10 minutes.

What she’s doing is stringing you along until the place is done. Now she can play games with you.

[CatBass]

She threatened me with a $200 late fee for not paying rent April 1st, the full month's rent, despite the fact that the place was unrentable. The law says the landlady has to return your security deposit within 21 days after moving out, so I think that's where she's getting the three weeks. As for the 10 day grace period, she wrote it into the lease. Which, by the way, was the size of a phone book. No wonder I missed it. On #31 it says if the landlord can not deliver the rental at the start of the lease, then the lease would be considered invalid. She wrote in "or 10 days", above the sentence.

[Social Democrat]

Originally Posted by CatBass

I guess I could tell her that I would like to meet with her in person, and give her the keys in exchange for my deposit. How would waiting three weeks jeopardize my position?

Electrician 4 you said it: she is stringing you along to jerk you around and try to force you to accept the rental - no permit for the construction, no way I move in there. And trying to force you to pay rent for an uninhabitable dwelling is reason enough to not more in.
Get your money back immediately or it's guaranteed she will try to hose you over.

[Electrician4you]

Originally Posted by CatBass

She threatened me with a $200 late fee for not paying rent April 1st, the full month's rent, despite the fact that the place was unrentable. The law says the landlady has to return your security deposit within 21 days after moving out, so I think that's where she's getting the three weeks. As for the 10 day grace period, she wrote it into the lease. Which, by the way, was the size of a phone book. No wonder I missed it. On #31 it says if the landlord can not deliver the rental at the start of the lease, then the lease would be considered invalid. She wrote in "or 10 days", above the sentence.

You can kill that in court. Property can’t be available both by start date or 10 days. It needs to be worded differently. As in the rental will be move in ready within 10 days of the start of the lease date. But it can’t be both. Regardless you’re not using the property she can’t expect payment.

The 21 days applies to end of lease leaving. The LL has 21 days to return the deposit along with a itemized list of deductions due to damages (if any damages were done by tenant)
It has nothing to do with the breach of lease contract return ofvdeposit as your case.

I can be a complete jerk if I want to (as my wife will attest to) and in this case I would want to. Hey landlord lady I’m gonna stop by and visit the city hall building department and ask a inspector if there is a permit pulled at 123 bullcrap landlord street and what the permit was for and if it’s closed out. I would start crap just because. I turned in a painter who painted my last house because he stopped showing up to finish. Left the place a mess. Thought i was just gonna sit there and take it like a typical homeowner and 8mpotentky yell on the phone empty threats. I didn’t know the law. Well he and his partner found out different.

Anyway
Hi mr Building Inspector. Is there a permit for 123 bullcrap landlord street? Say what? You say there is no permit? Why that’s impossible because my trusty LL is remodeling the WHOLE place moving walls electrical, plumbing, etc. They can’t do that? Oh sorry I didn’t mean to start any problems. You’re gonna have to go by there? They can close the whole job site down until she gets permits and plans submitted. Say goodbye to your 10 day clause.

I would flat out tell her to return your money and you’re not moving in a illegally renovated rental or you’re calling the building inspector. If she says no let your mouth do the talking. It may take a whil3 but she will pay a whole lot more than the money she owes you.
Just go check and make sure no permits were pulled

[CatBass]

Yes, I did. No permits were pulled. And I told her that's why I was cancelling the lease. The city said if they go there and shut down the job, they would likely order me to vacate as well, until she obtained permits. They said that could take months. Alternately, they could shut it down at whatever stage it is in, even if it is missing a wall. Now how can I move into a place without a wall?