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My daughter signed a lease to move in to new apartment on…

Customer Question
My daughter signed a...

My daughter signed a lease to move in to new apartment on Dec 27th and the management is saying they can not move in because the City has not done their inspection on the work done for a new toilet. Is the new Apartment complex liable to have to put them in a rental until the aprtment has been inspected.

Lawyer's Assistant: What state is your daughter in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps has your daughter taken so far?

She is staying at the old apartment until they have to move on Sunday and the new place says that they will hopefully provide them a place to stay. The new lease says so

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just wanted to see if she goes and pays for a hotel is the Apartment complex liable for that

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
12/29/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 6 months ago
oaky
Customer reply replied 6 months ago
just want general information on this issue right now
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks so much. The answer to yrThis appears to be a breach of contract based on the failure to perform within a reasonable time. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim and it means that they cannot charge rent over that time. Your daughter could find a hotel and stay there and asked to be reimbursed for the damages. However, part of what the issue is depends on what's in the contractual agreement between your daughter and the landlord. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because all you need to do is click, purchase, and download. Click here to get started.

​What other questions did you have for me today?

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Customer reply replied 6 months ago
okay thanks I am hoping that it does not come down to that as they need the apartment by Sunday,
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I certainly understand. She may have to work this out with the landlord and it's possible that if the landlord says they do not want to pay, she may have to come out of pocket at least temporarily. She should do her best to remind them that a court would probably award them all of their damages, including hotel fees or whatever it costs for them to stay somewhere until the premises is delivered so it would be in their best interests to just do that now. Did you have any other questions for me today?

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Customer reply replied 6 months ago
No thank you
Lawyer: Legal Eagle, Lawyer replied 6 months ago

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