Ask a Landlord-Tenant Question, Get an Answer ASAP!
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.
Does the lease contain any provision limiting your remedy if the landlord is unable to deliver possession on the commencement date?
Ok. I will make another prem service offer.
Does the lease provide that cancellation is your sole remedy if they can not deliver on time?
Did I pass?
Since it has been more than 5 days, yes. The lease terms control and you should give a notice in writing and demand the return of all money you have deposited.
If they refuse you will need to sue. If the claim does not exceed $10,000 you can sue in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.