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Apartment Not Habitable on Move-In Date

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  • 03-27-2005, 11:02 PM
    woodmd
    Apartment Not Habitable on Move-In Date
    Hello,

    Need some advise on the issue. My landlord, gave me a move in date of x and when i went in to sign the lease/check the apartment and collect the keys, the apartment was not in a habitable condition (there was a water leak from the plumbing part) . I pointed it out to the resident support staff that there is a issue. He spoke to the manager and said that they will fix the issue and let us move in after three days.

    Since i had planned to move that day, the movers came in and demanded that they had to be paid even though i could not move..

    1. Can I force the landlord to pay for it??
    2. What can i do about the inconvenience caused by this delay in moving in?? (my phone /services etc at my place has been cancelled and been asked to change over to the new place).

    3. I had paid a security deposit for the place. Can i ask the manager to add to the lease that the issue will not recur and that they will fix it within a specified period of time??
    a. if the landlord is not willing to add it to the lease, can i ask them to refund my deposit and not move into the place??

    Can experts please advise ??

    Thanks
    Woodmd
  • 03-28-2005, 03:54 PM
    aaron
    Re: moving in issue
    Quote:

    Quoting woodmd
    1. Can I force the landlord to pay for it??

    Possibly, but if the landlord won't voluntarily pay for it you would likely have to file a claim in court. The basis for any claim, and your ability to recover in court, depend upon the laws of your jurisdiction and possibly also the terms of your lease. Depending on the amount, that would probably be a small claims court claim. If you do sue your landlord, you can probably expect that your lease will not be renewed at its conclusion.

    The most likely avenue for a suit would appear to be a breach of contract (the contractual move-in date), with the lost moving expenses being alleged to be a reasonably foreseeable consequence of that breach. Assuming that you can present a valid claim, your landlord might defend with the claim that had you chosen to do so, you could have moved the items to dry areas of the apartment, so as to mitigate any damages.

    Quote:

    Quoting woodmd
    2. What can i do about the inconvenience caused by this delay in moving in?? (my phone /services etc at my place has been cancelled and been asked to change over to the new place).

    You can ask your landlord for some form of compensation, or you can attempt to frame a civil suit.

    Quote:

    Quoting woodmd
    3. I had paid a security deposit for the place. Can i ask the manager to add to the lease that the issue will not recur and that they will fix it within a specified period of time??

    You can ask; but (a) landlords don't want water damage, so it seems largely unnecessary - do you think your landlord is going to intentionally effect a defective repair at risk of further damage?; and (b) your landlord probably won't be willing to add any conditions to the lease.

    Quote:

    Quoting woodmd
    a. if the landlord is not willing to add it to the lease, can i ask them to refund my deposit and not move into the place??

    You can always ask. They may decline, which would put you in the position of either moving in anyway, or attempting to find a new residence while simultaneously defending their likely claim for rents owed under the lease.

    If there is a tenant's union in your city, you may wish to consult with them about your specific rights and remedies.
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