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  1. #1
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    Aug 2018
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    Default Landlord is Delaying Move in Date

    My question involves landlord-tenant law in the State of: New York.
    I signed a lease, paid the deposit, etc for an apt in NYC 6 weeks before my intended move in date. Just 3 days before move in date, the apt manager called me that the current tenant is not moving out, and my move in date may be deferred for a month.
    There is a clause in the lease that in such cases the manager is not responsible.
    He offered to give me a temporary apt but I have to pay the difference which is an additional $2800! way beyond my budget. Of course I have arranged moving and cannot find a new place in such short notice.
    Can he do such a thing? Any law to protect?
    Thanks

  2. #2
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    Default Re: Landlord Delaying Move in Date

    What does your written lease say about delayed move-in?

    Some leases have a firm move-in date. Most professionally prepared leases will have a provision that covers the landlord in the event that the unit cannot be made available on time (e.g., a tenant who is scheduled to move out refuses to do so and must be evicted). Normally the prospective tenant will have the option of canceling the lease.

  3. #3
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    Default Re: Landlord Delaying Move in Date

    Quote Quoting Mr. Knowitall
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    What does your written lease say about delayed move-in?

    Some leases have a firm move-in date. Most professionally prepared leases will have a provision that covers the landlord in the event that the unit cannot be made available on time (e.g., a tenant who is scheduled to move out refuses to do so and must be evicted). Normally the prospective tenant will have the option of canceling the lease.
    The lease gives me the option of cancelling the lease in case the previous tenant does not move out on time, but this is not what I want. I cannot find a place in 2 days and arrange moving.
    The lease also says the landlord is not responsible for such cases.

  4. #4
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    Default Re: Landlord Delaying Move in Date

    If he can give you a new, firm move-in date, perhaps you can make your own arrangements for a place to stay in the interim.

  5. #5
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    Default Re: Landlord is Delaying Move in Date

    Quote Quoting Eman Eman
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    There is a clause in the lease that in such cases the manager is not responsible.
    Please quote it word for word (with any names removed or changed). Also, I assume "the manager" is not also your landlord. Correct?

    Quote Quoting Eman Eman
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    Can he do such a thing?
    It is a necessary conclusion that a person can anything that he is doing.

    Quote Quoting Eman Eman
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    Any law to protect?
    Subject to the fact that NYC has some fairly unique and unusual landlord-tenant laws, this is likely nothing more than a matter of contract. If, as your post seems to indicate, your lease contemplated this possibility and puts the risk on you, then what's happening is exactly what you agreed to. If you didn't want this to happen, why did you agree to this lease provision?

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