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  1. #1
    Join Date
    Oct 2009

    Default Am I Entitled to Receive a Partial Refund on My Rent Due Delay to Move in

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

    We just signed a lease on a new house. We were supposed to move in on June 1st, and now it's June 4th. He said contractors will be coming in and out getting the place to code, he hasn't formally given us the keys yet, and the place is inhabitable. There is still garbage on the floor, holes in the wall, and he told me he didn't pass inspection yet.

    We pay $3900 a month in rent, and the first 4 day's it's been inhabitable/we really haven't gotten our keys, and the doors remain unlocked and all our stuff is in the basement.

    We already paid for this month in advance, but we basically pay $130/day (3900/30) so since we haven't been able to live here for 4 days, would we be able to receive a $520 credit + $130 per day that he doesn't get the placed cleaned up?

    We need to start living there because classes have already started and we need a place to sleep!

    If so, how do I approach him and inform him that will we need a refund? Should I just send him a letter? Be like, would you like to send a refund check or would you like to deduct that amount from next month's rent?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Am I Entitled to Receive a Partial Refund on My Rent Due Delay to Move in

    Are you asking about an abatement for the days between when the premises were promised (June 1) and when they were available (June... 5?), or are you asking if you can back out of the lease?

    If the premises weren't ready as promised, you should ask for a rent abatement for the days the premises were unavailable - whether that's due to work being performed or the landlord's waiting for a certificate of occupancy. Generally speaking, if a lease says you get to move in on June 1 and you are told at that time, "Sorry, you can't", that would be a basis to walk away. (I'm speaking generally as the details can be important, and I know very little about what has happened.)

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