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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35390
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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This is the problem now.We gave our old landlord a 30 day

Customer Question

Hi again...So this is the problem now.We gave our old landlord a 30 day notice.Which expired May 15th and we had to be out. The new places landlord said that the place would be ready for move in on May 15th. However in the beginning of May we already gave him $2600 first months rent. Plus another $2600 for deposit. Since May 17th Me my husband 2 kids and now my father in law have been living out of hotels. My father in law flew out here from Alabama and is now stuck in hotels because the place is not ready when promised.He is suppose to move in with us and the landlord knew he didn't live here. Now we are under ALOT of stress with daily expenses. Hotel Fees plus eating out 3 times a day for 5 people. This is a brand new building so it keeps failing expecting by the city.It was suppose to be ready for move in according to the add by May 1st. I can't imagine how the people who were suppose to be moving in by then feel. We are very tired and have gave him chances. He has to realize our situation also. Can we sue him for all the expenses we have incurred? And pain and suffering? If so what is the limit Thank You.
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 6 months ago.

Good afternoon Diana,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Provided that you have a signed lease agreement with the landlord that specifically stated that your rights to move in would be effective on May 15th, then yes, you may sue for Breach of Contract and collect as damages all reasonable expenses that you have incurred for lodging since the move in date. Damages for meals is a bit more problematic because food was not included with the rental---but only the means to store it and prepare it so while you will want to ask the judge to award you the costs of meals, you will have to settle for loss of use of the storage and cooking facilities in the rental and not your actual cost of restaurant food.

If you father in law is not listed on the lease agreement as one of the intended tenants for the rental unit, but rather he was simply going to be a visiting guest, unfortunately his expenses will not be collectible by you in a suit for breach of contract. However, if he is listed on the rental agreement as an intended full time tenant, then you could sue to collect for his expenses as well to the extent that you have paid for them. If he paid for them himself, then he would have to be the one to sue, but he could be listed as a plaintiff in the same suit that you file for damages in the court.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 6 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 6 months ago.

Good afternoon,

Is there anything else that I can assist you with today?

Doug

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