Is the Lease Null and Void if a Tenant Doesn't Move in on the Date Agreed
My question involves landlord-tenant law in the State of: IN
A friend and I signed a lease for an apartment this past Sept. The move in date is Nov. 1st. The landlord called us on Oct. 20 asking if we could move in later ( middle to end of Nov.). I decided we need to sit down and talk about why he wanted to move the date. After our discussion I stated that I was uncomfortable with arrangements and wanted to get out of the lease. He put the posting back up on craigslist and found a new renter who is going to pay less then we would and have a shorter lease. He stated that he wanted to keep our deposit and some in advance rent my friend had paid him to make up for the difference of the two leases.
If my friend and I don't move in on Nov. 1st is the lease null and void? My friend also paid some rent in advance so, if we don't move in does she have the right to that money?
I also can find nothing in the lease that states this certain scenario.
Re: Is the Lease Null and Void if a Tenant Doesn't Move in on the Date Agreed
Nope, you signed the lease and consideration was given.
Re: Is the Lease Null and Void if a Tenant Doesn't Move in on the Date Agreed
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Quoting
emckee
A friend and I signed a lease for an apartment this past Sept. The move in date is Nov. 1st.
No problem so far. A binding lease.
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Quoting emckee
The landlord called us on Oct. 20 asking if we could move in later ( middle to end of Nov.). I decided we need to sit down and talk about why he wanted to move the date. After our discussion I stated that I was uncomfortable with arrangements and wanted to get out of the lease.
The landlord asked if you could move back your move-in date. You asked for a meeting. The landlord met with you. For reasons you have not explained, you decided that having the meeting would enable you to walk away from the lease. No, merely being asked, "Will you agree to move in later than Nov. 1" is not a basis to escape your lease.
The most common reason why a landlord will ask a new tenant to delay moving in is because the outgoing tenant wants to delay moving out. The second most common reason is that something needs to be repaired.
We, of course, have no information about why the landlord made the request. However, it appears that you said "No", and he said, "Okay, then you can still move in on November 1," fully complying with his duties under the lease. Did you leave out some relevant facts that might help us understand your position?
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Quoting emckee
He stated that he wanted to keep our deposit and some in advance rent my friend had paid him to make up for the difference of the two leases.
If the new tenant is moving in on Dec. 1, and your deposit is one month's rent, then that would explain the part about the deposit. If the landlord made a reasonable effort to find a new tenant and could only find one at a lesser rate of rent, then covering the difference between what you agreed to pay and what the new tenant is paying would be part of his standard contract damages.