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  1. #1
    Join Date
    May 2011
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    4

    Default Does a Landlord's Refusal to Provide Keys by Move-In Date Void a Lease

    My question involves landlord-tenant law in the State of: Arizona

    I was planning on moving into an apartment and needed to start moving in no later that May 5th because I have training for work in another city and need to be prepared to work from home by May 16th. The agreement I signed stated that my move-in day was May 4th or 5th, but her daughter could stay there through August 12th or 13th. I gave her $100 for a security deposit and partial rent for the month of May, totaling $462.50. I began requesting keys on May 3rd, on May 4th she told me that she would NOT be giving me keys, and that is where she currently stands.

    I needed to be 100% moved in and ready for work by this weekend, there was even talk of the daughter sleeping in my bed while I am training and she is graduating. Because the woman refused to give me keys and access, I was unable to move my things and set up the apartment, so I am FORCED to find a place that will allow me to move in IMMEDIATELY.

    Since the woman did not honor the move-in date and violated the terms of the agreement, does this void it altogether? She is refusing to return my money and calling me several times a day, sending multiple emails, and texting me as late as midnight. I feel that she violated the terms and made it impossible for me move when I needed to and want my money back. She is claiming that I am obligated to pay rent all summer and that it is my job to find another tenant. After this woman's behavior and reactions I want nothing to do with her and never want to have interactions with her again, let alone sublease her daughter's apartment.

    Am I free from the contract because she violated the terms? How can I get my money back? Please help!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: No Keys and Move-in Day Was Last Week Does This Void the Agreement

    Happy Girl;519322]
    Since the woman did not honor the move-in date and violated the terms of the agreement, does this void it altogether?
    It generally makes it voidable.

    She is refusing to return my money and calling me several times a day, sending multiple emails, and texting me as late as midnight.
    why is she calling you?

    have you rented some other place yet? If not, I would suggest you give her one last shot; keys and access now or consider it a breach of contract and you intend on considering the contract void at this point. After all, this is only the 7th so while typically if the unit is not available on the date agreed to it is justification to void the contract, a a judge could see a couple days as minimal and not a valid reason to terminate the agreement.




    I feel that she violated the terms and made it impossible for me move when I needed to and want my money back. She is claiming that I am obligated to pay rent all summer and that it is my job to find another tenant.
    how long is your lease for?

    After this woman's behavior and reactions I want nothing to do with her and never want to have interactions with her again, let alone sublease her daughter's apartment.

    Am I free from the contract because she violated the terms? How can I get my money back? Please help!!
    If she will not rescind the contract and you believe you have a right to seek a rescission, you will likely end up in court.

  3. #3
    Join Date
    May 2011
    Posts
    4

    Default Re: No Keys and Move-in Day Was Last Week Does This Void the Agreement

    She wants to know what I have decided to do about the situation. I keep trying to explain to her that I will not be renting the house. The lease is until the end of the month. I am training in another city next week and do not think I can get settled with just one weekend. I have not rented a new place yet but I found one that I can move into immediately. I do not feel comfortable to rent from this woman. She has been obsessively contacting me about this and presents her (false) assumptions about me as facts. I really can't wait until next week. I can't handle the way she twists things around I worry about dealing with her in the future.

    I told her on the 5th that I needed to move in that day or else I would not live there and she refused to give me keys. Do you really think that it is worth going to court over 2 months of rent for a sublessee that never received keys or moved in when she has $462.50 of my money? By refusing to provide me with keys, doesn't that breach the terms of the agreement and make it void??

    Thank you for your help, I really appreciate it.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: No Keys and Move-in Day Was Last Week Does This Void the Agreement

    By refusing to provide me with keys, doesn't that breach the terms of the agreement and make it void??
    Did you not read what JK said?

    Quote Quoting jk
    After all, this is only the 7th so while typically if the unit is not available on the date agreed to it is justification to void the contract, a a judge could see a couple days as minimal and not a valid reason to terminate the agreement.
    If she's going to give you the keys today or tomorrow, a judge is unlikely to side with you, and may even tell you to stop being so dramatic. (I get that you're stressed out, but you are being a bit on the theatrical side, and that won't play well with a judge.)

    If she offers you keys today or tomorrow, and you refuse, you may be setting yourself up for a situation in which she drags YOU to court for breach of lease, and PREVAILS.

    You'd do well to take JK's advice, and see about moving in today or tomorrow.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: No Keys and Move-in Day Was Last Week Does This Void the Agreement

    You have a decent chance of prevailing in court but there is some conversation alluded to in your posts that I am not privy to. Depending on exactly what that is, it could mean nothing or it could be damning.

    As I said, if your move in date was the 4th or 5th, if she refused to allow access at that time, she has breached the contract. The problem is what would a judge do if s/he heard you were offered the keys on the 6th or even the 7th. Especially since you have not contracted for another place, you're argument of having to move in by the 5th doesn't mean a lot since you have not moved in anywhere nor have you contracted to move into another place yet.

    As t whether she would take you to court is something only she can say. You did ask about how to get your money back. There are only two things you can do: 1/ ask her and then, if she refuses 2/ sue her. There is a third alternative which would be to walk away but that is all up to you.

    and your move in day wasn't last week. It was Wednesday or Thursday of this week as to day is only Saturday the 7th. Another point that may work against you was your claim you had to start moving in by the 5th. A judge may look at you and ask: what happens if you don't? (and realize that you have not moved in anywhere starting on the 5th). In other words; how has the delay injured you? If there is no injury, a judge could rule the delay effectively is meaningless and not a great enough breach to allow a termination of the contract.

  6. #6
    Join Date
    May 2011
    Posts
    4

    Default Sublessor Withholding Keys So I No Longer Want to Rent the Apartment

    My question involves landlord-tenant law in the State of: Arizona

    I was planning on moving into an apartment and needed to start moving in no later that May 5th because I have training for work in another city and need to be prepared to work from home by May 16th. The agreement I signed stated that my move-in day was May 4th or 5th, but her daughter could stay there through August 12th or 13th. I gave her $100 for a security deposit and partial rent for the month of May, totaling $462.50. I began requesting keys on May 3rd, on May 4th she told me that she would NOT be giving me keys, and that is where she currently stands.

    I needed to be 100% moved in and ready for work by this weekend, there was even talk of the daughter sleeping in my bed while I am training and she is graduating. Because the woman refused to give me keys and access, I was unable to move my things and set up the apartment, so I am FORCED to find a place that will allow me to move in IMMEDIATELY.

    Since the woman did not honor the move-in date and violated the terms of the agreement, does this void it altogether? She is refusing to return my money and calling me several times a day, sending multiple emails, and texting me as late as midnight. I feel that she violated the terms and made it impossible for me move when I needed to and want my money back. She is claiming that I am obligated to pay rent all summer and that it is my job to find another tenant. After this woman's behavior and reactions I want nothing to do with her and never want to have interactions with her again, let alone sublease her daughter's apartment.

    Am I free from the contract because she violated the terms? How can I get my money back? Please help!!
    Last edited by Happy Girl; Today at 01:21 PM. Reason: typo

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sublessor Withholding Keys So I No Longer Want to Rent the Apartment

    You'll do us all a favor if you follow the forum rule against double-posting questions, and keep things in the thread where you have already received answers.

  8. #8
    Join Date
    May 2011
    Posts
    4

    Default Re: No Keys and Move-in Day Was Last Week Does This Void the Agreement

    If she's going to give you the keys today or tomorrow, a judge is unlikely to side with you, and may even tell you to stop being so dramatic.
    No, she has shown no indication that she will give me keys before the 15th. If she gives me keys tomorrow, that does me no good anyways because I am traveling out of town for business all week. There is no way that I will be able to move my furniture, setup my office, and get internet installed in a half day. And no, unfortunately I cannot take off work, it is my first week.

    If she offers you keys today or tomorrow, and you refuse, you may be setting yourself up for a situation in which she drags YOU to court for breach of lease, and PREVAILS.
    I'm paid up for May, how am I breaching the lease?

    Sorry for the double post, I realized I probably posted it on the wrong message board. I was not aware if the boards had different followers/experts. My mistake.

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