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Ask Loren Your Own Question
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 33031
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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Landlord broke lease due to not having property delivered on

Customer Question

Landlord broke lease due to not having property delivered on the promised due date. In fact one week has passed and the property is still not clean and move in ready, I do not want to take the lease. I gave a large deposit and several months rent to land lord. I have offered to pay for a months rent, but I would like them to send me my deposit and monies back. This property is in Pasadena.
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 7 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 7 months ago.

Does the lease contain any provision limiting your remedy if the landlord is unable to deliver possession on the commencement date?

Customer: replied 7 months ago.
It states if the property is not ready within 5 days of move in date the lease can be terminated.
Customer: replied 7 months ago.
I am happy to speak with you on the phone, but will have to go to my acct. and pay for this.
Expert:  Loren replied 7 months ago.

Ok. I will make another prem service offer.

Expert:  Loren replied 7 months ago.
Still with me?
Expert:  Loren replied 7 months ago.

Does the lease provide that cancellation is your sole remedy if they can not deliver on time?

Customer: replied 7 months ago.
test question
Expert:  Loren replied 7 months ago.

Did I pass?

Customer: replied 7 months ago.
Customer: replied 7 months ago.
The lease agreement I can terminate? if the landlord did not meet the agreement. The land lord Failed to deliver the property on the said day.
Expert:  Loren replied 7 months ago.

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.

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