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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 25933
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I signed a rental building lease with October move-in. The

Customer Question

I signed a rental building lease with October move-in. The property manager told me two weeks ago that due to construction delay, October move-in may not happen. I reached out to them many times during the past two weeks, asking for alternative solutions. But I seldom hear them back. Today someone pick up the phone, told me "we will know for sure whether can move-in or not in mid-September". I just don't want to waste time negotiating with them. I wonder if I can get out this lease? I can afford losing security deposit.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good evening. What does the lease say about them delivering possession and if it can not happen on the start date? I ask because sometimes there is additional time they are given prior to being in breach?

Customer: replied 1 year ago.
There is a rider in the lease called "delay in giving possession". It says if delay happens beyond owner's reasonable control, the lease is still in affect.
Expert:  LegalKnowledge replied 1 year ago.

Thank you for the additional information. They would likely argue that the construction, which they do not control, is out of their reasonable control and the lease should remain in effect. It is important to remember that the lease does not take effect until mid- October and it is not until the actual start date, that they have to turn over actually possession. It is not uncommon for landlords/owners to work on a building, up until the occupancy date. Now, there is a clause which gives them some protection for there should be a time frame which they need to deliver the building or else you can back out or they would be in breach. A week or two or even a month may be reasonable but what if the delay is 2 months? As such, when you get closer, you should ask for some assurances as to when this will be done. Of course, you can speak with them and see if they will release you, if you forfeit the deposit, which you said you can afford to lose. They may be comfortable keeping it and just finding a new tenant.

Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!