Landlord Denied Access at Beginning of Lease (Pittsburgh: apartment, renters)

[Blue Stealth 93]

Hi, I have an apartment lease issue in Pittsburgh where the landlord was not willing to give access to the apartment on the start date indicated on the lease. On May 30th, the landlord and I signed a holding deposit form where I paid the first month's rent as a holding deposit and I agreed to begin tenancy of the apartment on June 1st (today). I have not yet signed a lease but was told that a lease would be presented for me to sign once a credit and reference check was done indicating the June 1st start date.

On June 1st, I was not able to move into the apartment so I emailed the landlord about this and his response was that the apartment would not be ready for move-in until June 9th which is when all checks will be completed (the lease will likely be signed by both parties on this date). At the same time, the landlord refused to change the lease start date to June 1st and has asked for a full month's rent for June rather than a pro-rated amount.

I would like to settle on a pro-rated rate for June based on the number of days that I actually occupy the apartment. I am moving from out of town and it is too late to change my moving plans now.

My question is: Will signing the lease with a June 1st start date (on, say, June 9th) and paying a full month's rent for June hurt my ability to seek a pro-rated amount in the future through small claims court or some other legal avenue?

[guy2073]

In check memo place move in date of. 6/9/14 rent paid from this date. It will at least give you a record of transaction date. With my tenents i want first month paid in full then i will prorate second month.

[Herodotus]

Originally Posted by guy2073

With my tenants i want first month paid in full then i will prorate second month.

This is what we do as well.

[Huckleberry3911948]

he broke the terms it was not ready on the first. you are entitled to compensation for unavailability of the property. prorata would be appropriate. identifying the wrongdoing is easy-- its collecting that is hard.

[jay5835]

Originally Posted by guy2073

With my tenants i want first month paid in full then i will prorate second month.

Originally Posted by Herodotus

This is what we do as well.

Why should he pay what will amount to eight days extra rent this month? The landlord is the one who screwed up.

[guy2073]

I take it off second month rent, that is standard practice. First month, last month up front.

[jay5835]

Originally Posted by guy2073

I take it off second month rent, that is standard practice. First month, last month up front.

In return for which I imagine you let a tenant move in on the first of the month, which is not what's happening here.

[Hopes]

The prorate should be given the month it occurs.

[guy2073]

There would be no prorate if they moved in on the first.

Stuff happens, tenants dont move out, they damage the place, that is why the landlord has not had them sign the lease.

You can fight the prorate all you want, but that does not help them get into the apartment. The question was about what to do to to get compensated at a later date.

[guy2073]

The best way to do in is put memo on the check, make sure you bring a witness to lease signing, or sign lease at a notary.

Also take pictures before you move in with a time date stamp, and also after you move out incase of security deposit disputes. I have my tenates fill out a form with any damage or defects they spot, and i correct them in first few days.

I also like my tenates to have renters insurance. It is only 8-15 dollars a month, if they are on a strict budget i will take it off rent. My insurance does not cover any of there belongings, or gives them a place to go if somethng happens to the building.