I paid the deposit
- - - Updated - - -
UPDATE:
So after 21 days and 3 calls justfrom today. The LL told me that the lease is not signed because the unit is not ready because the renovation is not complete. They are trying to make me sign a unit on a different floor. I knew something fishy was going on. I had them state that the renovation will be completed (unit will have washer and dryer in unit wood, flooring, granite, stainless steel appliance, similar to unit shown.) I also TOOK OUT the part that used to say (asterisk allows ability to change to a similar unit).
So right now I assume the lease is either invalid or that landlord will fail to delivery procession of the place and return my deposit
My questions are:
1. Can I get my deposit back
2. Can they try to enforce the lease once the renovation is completed at a later date.
If your lease is for a specific unit and the landlord is not going to make that unit available to you, it's up to you whether you want to rent a different unit or walk away. You are also now stating that you made unilateral changes to the contract which, if not accepted by the landlord, would constitute their rejection of your counter-offer.
Sorry, I was not clear. I told the agent to make the change prior to signing. So the contract they sent me has my changes included. Either way it sounds like I can walk away from the lease and have my deposit back right?
Clause 23. Possession of the Premises
b. Landlord's failure to deliver possession. - If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord.
Thank you.