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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54557
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I have a lease on a building that was to start on July 1st

Customer Question

I have a lease on a building that was to start on July 1st but the building is not finished yet and it will be another week. In the lease it states I would have the building by June 30th. Can i back out of the lease?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
Can you provide me just a bit more information? Does the lease address this situation specifically? Thanks.
Customer: replied 1 year ago.
No it does not. It just states that the property would be turned over to me on or before June 30th and rent would began on July 1st.
Expert:  Richard replied 1 year ago.
Thank for your response. If the lease is silent on the issue and the property is not ready when promised, the landlord is in default. Due to the default, you would have the remedies set forth in your agreement in the event of a default by the landlord. In many cases, although the landlord sets forth all sorts of default provisions in case the tenant defaults, the lease can have little or nothing with regard to the tenant's rights in the event of a landlord default. Unless your lease specifically provides otherwise, a landlord default allows you to terminate the lease. You will want to send your landlord a notice of default and inform the landlord that as a result you are terminating the lease and will be contacting him about not only getting a return of any deposit that you have posted, but also a reimbursement of any and all costs you incur due to the default.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Expert:  Richard replied 1 year ago.
I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you follow up further before I return, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

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