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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11582
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Hi i was supposed to move into an apartment on the 1st of the

Resolved Question:

Hi i was supposed to move into an apartment on the 1st of the month it is now the 6th of the month and the kitchen floor is still not done. They keep telling me i can move my furniture in now even tho the floor is not complete but i feel it is not a safe enviroment for my 6 year old. Am i obligated to pay the 1st of the month still if the apartment is not ready?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

I am sorry you are encountering this difficulty in moving into the apartment,

 

The tenant's obligation to pay rent is contingent on the landlord delivering possession of a complete apartment to the tenant. If work was to be done in the apartment, but was not completed by the date on which the tenant was to move in, tenant does not have the legal obligation to pay rent. If the work to be done does not appear that it will be completed within the next few days, you may also have the right to notify the landlord that he is in breach of the lease Agreement and that you have chosen to move elsewhere,

 

__________________________________________________________________

 

 

If I have not Answered your question ompletely, please use the "Reply" button to let me know and I will be glad to explain further,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 1 year ago.

Well i still want the apartment the thing is i paid the rent already for july 1st on june 28th because they said it will be ready by the first.. i only moved a few boxes in because they told me i could do so and had the apartment painted because it was needed.. but i have no moved any furniture or anything in. If i move in on the 10th will my rent be due on the 10th of each month regardless of what the lease states?

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your follow up question and the opportunity to explain further,

 

 

Your rent will still be due on the first of the month, if that is what your lease says. However, you should give written notice to the landlord that because the work they are doing poses a hazard, you cannot move in until that work is completed and you are, therefore, requesting a credit for the number of days in July that you were unable to have full use of the apartment and that you wish to deduct this credit for the rent that is due and payable on August 1,

 

__________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 1 year ago.

does this have to be a notarized letter?

Expert:  Andrea, Esq. replied 1 year ago.

The letter does not have to be Notarized, but I would send the original by Certified Mail, Return Receipt Requested, and send a copy by ordinary mail. Be sure you keep a copy for your records. If you do not hear back from the landlord, write a cover letter with your rent for August and tell the landlord that you sent him a letter on July ____, 2013 requesting a credit for the number of days that you did not have full use of the apartment. Enclose a copy of the letter in July just to refresh his memory,

__________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

 

Customer: replied 1 year ago.

what if the landlord agrees the rent can be paid on the 8th of each month but it is not changed on the lease is that acceptable?

Expert:  Andrea, Esq. replied 1 year ago.

Any change in the lease should be in writing because if you have no proof that the lease was amended, making rent due on the 8th or any day, other than the first day of each month as stated in the lease, the landlord can charge you a late fee and you will have no proof that he changed the due date of the lease.

 

Besides, every lease has a clause that states that any amendment, change, or modification of the lease is not valid unless it is in writing,

 

________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11582
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 2 other Real Estate Law Specialists are ready to help you

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