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My mother signed a lease on a place in Commerce City 2 weeks ago and paid 2 months rent. She has yet to move in because of snowstorms and having to work 5 days a week. The landlord has said to the maintenance guy (a personal friend of mine) that he wants to rent the same place my mother has an agreement on to someone else because she hasn't moved in yet. Does he have that right just because she hasn't moved in yet? She has the keys and everything!
It's going to depend upon the exact wording in her lease. There might be a clause concerning how much time she has to take possession.
Generally, I'd say that no, the landlord can't rent it to someone else while she has a valid lease and has her rent paid up to date, but you are going to have to check and see what the lease says.
You've had severe snow storms for the last two weeks solid? Normally people who live in Colorado just go about their business when it snows, so the weather must be really awful where you are.
I hope your mother has had the heat on in all that snow storm weather becasue she is responsible for preventing the plumbing from freezing.
My mother signed a lease on a place in Commerce City 2 weeks ago and paid 2 months rent. She has yet to move in because of snowstorms and having to work 5 days a week. The landlord has said to the maintenance guy (a personal friend of mine) that he wants to rent the same place my mother has an agreement on to someone else because she hasn't moved in yet. Does he have that right just because she hasn't moved in yet? She has the keys and everything!
Nope it's her place. She has the legal right to the place for the duration of the lease. The reason she didn't move in is due to weather conditions. As OWS stated there may be a must take possession within X days but having the key is taking possession. One of my tenants came from back east. She didn't move in for two weeks after she got the keys. No big issue. She was coming from across the country. I don't get why some LL make a mountain out of a grain of sand.
Yes, I would say that having keys and paying rent would indicate having possession. Make sure that your mother has put all required utilities in her name for extra measure. Also see if the lease has any language about leaving the unit vacant for a certain amount of time or extended vacations etc. But otherwise...it's only been two weeks, rent is paid through May. I don't think the landlord would have a very good case for putting another tenant in the unit anytime soon.
An unoccupied rental in a freezing climate is cause for concern for any landlord. You could be causing damage to the premises and the landlord can evict if that happens. Abandonment only applies when rent is unpaid typically so he can't just fill the unit as long as it is being taken care of. Ensure the heat is on and working and pay the rent and you will be covered. If he does fill the unit you sue him, simple as that. State laws on abandonment, Colorado doesn't seem to have one, vary so look it up first.
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