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  1. #1
    Join Date
    Jul 2012
    Posts
    2

    Question Move in Date Pushed Out

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

    Hello ladies and gents. I might have unpleasant situation potentially developing here. So, I would appreciate your interpretation of the contract language and recommend course of action.

    I have signed the lease agreement, paid 1st month rent, security deposit and RE broker fee. Lease states move in date X and in additional provisions section that “Lessor to paint apartment and repair doors prior to Lessee moving in”.

    I checked in with the RE broker and he said that while previous tenant is moving out on time, that individual is letting the friend stay there until my move in date. This of course will not give enough time for LL to paint the place and let it dry. I was told that my move in date might be pushed out by 3.

    It seems I am being screwed here, if I understand the contract quote below this does not fall into “no fault of Lessor” type of scenario.
    The place is nice and I would hate to start searching from scratch, but I have a feeling I am being squeezed and the real move in date should have been X+15 from the get go.

    Delivery of Premises

    In the event the Lessor is not able through no fault of his own to deliver the leased premises to the Lessee at the time called for herein, the result shall be abated on a pro rata basis until such time as occupancy can be obtained, which abatement shall constitute full settlement of all damages caused by such delay, or the Lessor, at his election, shall be allowed reasonable time to deliver possession of the leased premises, and if he cannot deliver such possession within 30 days from the beginning of said term, either the Lessor or Lessee may then terminate this lease by giving written notice to the other and any payment made under this lease shall be forthwith refunded. Lessee hereby authorizes and empowers Lessor to institute proceedings to recover possession of the premises on behalf of and in the name of Lessee.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Move in Date Pushed Out

    If the issue truly is that your landlord has added a tenant between the present tenant's move-out date and your move-in date, and thus cannot complete the agreed-upon repairs until after your scheduled move-in date, I would take the position that it's not a "no fault of his own" situation - my position would be that it's a willful breach.

  3. #3
    Join Date
    Jul 2012
    Posts
    2

    Default Re: Move in Date Pushed Out

    Quote Quoting Mr. Knowitall
    View Post
    If the issue truly is that your landlord has added a tenant between the present tenant's move-out date and your move-in date, and thus cannot complete the agreed-upon repairs until after your scheduled move-in date, I would take the position that it's not a "no fault of his own" situation - my position would be that it's a willful breach.
    Thank you for your input. I will try to work it out, but if it is moving beyond 3 days I will request either an amendment or contract termination.

  4. #4
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Move in Date Pushed Out

    Know It All is correct. It sounds like a willful breach.

    He shouldn't have dated and had you signed the lease if this was the case. It sounds like he is very aware of what he is doing. Make SURE you have him change the dates and everyone re-signs the new lease, so that you are not required to pay for any days you aren't occupying the unit.

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