Signed Lease, but can’t move in?! (tenant, rental, fee)

[Renting4now]

I signed a lease with a prop mgmt group, supposed to move in, in 5 days. They just contacted me and said it wouldnt be ready for about 4 weeks. Lease has been signed by everyone for over a week, things have been set in motion and the place I’m in now has already been rented.
Obviously the prop group made a mistake, anyone know of any recourse here? They haven’t given me details on the delays yet.

[EricBoyd]

On our leases, we have a provision that says, "If for any reason LANDLORD cannot deliver possession of
the premises to TENANT by the beginning date, the beginning date may be extended up to 30 days or lease voided at
LANDLORD'S option without LANDLORD being liable for any expenses caused by such delay or termination." Does your lease have such a provision?

[Flamingo13]

I can't believe such a clause should be legal!

[Mr_Geek]

I'd hope you can break the lease since they aren't delivering on their end of the deal.

I can't imagine a clause, like the one mentioned above, would be legal in most areas. Law would override such a clause I'd hope.


Do you still want to move in? Or do you want to find a new place that is available now?

[LLinVA]

If they have a specified date the lease begins, they are liable for providing you with what they legally promised you. If that unit is available, they should offer you a different one (at least until the original one is available). If they don't have any availability, then they need to provide you with a hotel room type accommodation or might be able to let you out of the lease. This will depend on the lease and state/local law.

[FIREin2016]

The LL could certainly be liable for a Hotel room. They have obligated themselves.

That's why I sign a holding fee agreement, and sign a lease when I handover keys.

[FIREin2016]

Originally Posted by Flamingo13

I can't believe such a clause should be legal!

It is probably not enforceable as it is one-sided.

[oregonwoodsmoke]

You should be able to cancel the lease and find something else.


If it is a large building, perhaps the have another unit you could have instead?

[nkull]

Not saying this is how the law works, but IMO the LL should be on the hook here at least a little bit. Just “Cancelling the lease and finding soemthing else” is kind of a crap answer when one has made plans and is days away from moving, it’s not always that easy.

I think it should be considered the risk of promising a property that isn’t ready yet in an effort to not lose any rental income - not sure why the tennant should be responsible for that risk.

[janet bubby]

Originally Posted by EricBoyd

On our leases, we have a provision that says, "If for any reason LANDLORD cannot deliver possession of
the premises to TENANT by the beginning date, the beginning date may be extended up to 30 days or lease voided at
LANDLORD'S option without LANDLORD being liable for any expenses caused by such delay or termination." Does your lease have such a provision?

That's cute, but most likely not enforceable.