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We just recently signed a lease on 12/20/17. Was not due to…

Customer Question
We just recently signed...

We just recently signed a lease on 12/20/17. Was not due to move in until Jan 1, 2018. The landlord did not have heat on and the pipes busted. They are saying we are responsible for damages. We of course want out deposit back. Where do we stand?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Indiana

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Notify landlord of defects or dangerous conditions. Tenant to keep premises clean--any damages caused by tenant tenant subject to paying.

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

Just that we were asked to sign a lease on a Friday evening. The Friday before Christmas. We were not due to move in until mid January terms of lease state jan 1 lease begins. We were unable to get heat on due to Gas company not open through the holiday.

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
12/30/2017
Lawyer: Olivia Kent, Attorney replied 6 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Landlord-Tenant
Satisfied Customers: 4,036
Experience: Partner at Kent Law Group, LLC
Verified
Hello. My name is ***** ***** I’m in attorney. I’ll be happy to help you. Please note this site is for educational purposes only and does not constitute legal advice and does not create an attorney-client privilege. If your lease was due to begin on January 1 then you cannot be liable simply because you signed the lease before January 1st. And specifically as it pertains to the pipes, unless there was something in your lease agreement stated you must do something with water/pipes before your lease started – something I have actually never heard of before - your landlord does not have a leg to stand on with his or her argument.
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Lawyer: Olivia Kent, Attorney replied 6 months ago
If your lease starts January 1 you legally actually couldn’t even be in the property before January 1 so trying to place blame on you for something that happened before January 1 is ridiculous. Please let me know if that answers your question or you need me to clarify anything.
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Customer reply replied 6 months ago
they should return my deposit? If this goes to court, then likely they will have nothing to go on.
Lawyer: Olivia Kent, Attorney replied 6 months ago
you are correct. Your lease started Jan 1. It’s not Jan 1 and presumably the place is uninhabitable- through no fault of yours - and if the landlord can’t make it habitable he has to return your deposit.
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Lawyer: Olivia Kent, Attorney replied 6 months ago

Please let me know if that answers your question. If you need clarification please ask and I'll be happy to respond. If I have answered your question, could you please take a moment to check the box stating that I answered your question - by selecting the appropriate number of stars - so that I receive credit for working with you. Experts only get credit for the time and effort we spend helping you if you rate positively - 5 stars is definitely appreciated!. It does NOT cost you anything extra. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your ​question.

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