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The lease is for a new rental house with 4 tenants. The lease states, "If tenant is unable to occupy the Property by the 5th day after the Commencement Date (which is 7/24/15) because of construction on the Property or a prior tenant's holding over the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid." The new move in date is 08-15-15. However, the landlord is telling us all four (4) tenants have to be in agreement to cancel and that I do not have any right to claim this based on the fact that I am the only one to NOT turn in a guarantor letter. Is this a breach of contract by the landlord?
Doesn't sound right. Not sure why a guarantor letter would matter. It really might depend on what the lease says in full, who signed it, and how the deposit was given. Probably worth a call to a lawyer or any government authority over rentals in your area.
All 4 tenants on ONE lease? BIG mistake. You're probably on the hook if your other roomies won't agree to terminate. I'd find them a replacement FAST and then get them to redo the lease
Also, check and see if the guarantor letter was a requirement of the lease. If so, you're already in breach, so the lease is null and void anyway
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