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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?
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.
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!