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This is a story, but basically, my landlord keeps changing…

Customer Question
This is a long...

This is a long story, but basically, my landlord keeps changing my move in date. I have to be out of my current home on the 31st. She is a realtor and has known my specs for months. She sent me a message the other day saying I could put my possessions in the home but not move in until the 1st

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

NJ, No

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

There is a part of the lease that states,

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

If the landlord is unable to give possession of the property to tenant on the first day of the term, the landlord shall not have any liability to the tenant

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
5/29/2018
Lawyer: Loren, Lawyer replied 2 months ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 39,263
Experience: Attorney with 30 years of experience representing landlords and tenants.
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Lawyer: Loren, Lawyer replied 2 months ago

What is the remedy in the lease if landlord can not tender possession on the date stated in the lease?

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Customer reply replied 2 months ago
the landlord has NO liability
Customer reply replied 2 months ago
but doesnt she have to have a good reason, such as, broken water pipe, former tenant not vacated, etc
Lawyer: Loren, Lawyer replied 2 months ago

They are still in breach of the lease. Is there a notice and cure period requirement?

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Customer reply replied 2 months ago
the lease states, If the landlord fails to give possession of property within 30 days of the start date set forth above the tenant may terminate the lease by giving the landlord notice.
Customer reply replied 2 months ago
Also she changed the lease after i signed it and she cashed my security and first months rent. She is asking that I initial the changes made....what I do??
Customer reply replied 2 months ago
I really can't find another home with this short of notice.
Lawyer: Loren, Lawyer replied 2 months ago

What changes did they make?

Has the landlord signed?

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Customer reply replied 2 months ago
The original lease...she said she couldn't change the move in date under the terms, but I could write in the bottom that we were moving in the 31st. She told me to keep it simple, so I wrote, "Tenants will move in on May 31st." She changed it to "Landlord will allow tenants to move in on May 31st. (possessions) *possessions may be placed in garage, living room, dining room only."
Customer reply replied 2 months ago
the landlord signed. I signed it and left it for her...she said she would sign and send back. She finally sent it back days later with the alterations, telling me to initial....I havent yet
Customer reply replied 2 months ago
This has been a long process. She has slow walked the lease. I have emails, texts, she purposely dragged it on so I wouldn't have any other options. We agreed on the property over a month ago. And she sent me this message and changed lease on Sunday. 4 days before move in.
Lawyer: Loren, Lawyer replied 2 months ago

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Unfortunately, the lease is enforceable for the terms stated. If it says that the landlord has 30 days to deliver possession before they are in default then you are stuck with that.

The added terms are not enforceable unless initialed and only the original terms are included in the lease provisions.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this or being blindsided by liabiliy.

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Customer reply replied 2 months ago
what do I do if she makes me wait the 30 days? I have a child and pets. She can really do this!!!?
Customer reply replied 2 months ago
doesn't she have to have a good reason not to give possession?
Lawyer: Loren, Lawyer replied 2 months ago

You would need to make alternative arrangements, since she would be acting within her rights under the terms of the lease you signed.

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Customer reply replied 2 months ago
what makes her "unable" to give possession
Lawyer: Loren, Lawyer replied 2 months ago

From my understanding based on the facts presented in your question, that is not specified in the lease.

Unless otherwise specified or excepted in the lease, so long as it does not exceed 30 days, the delay can be for any reason.

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Lawyer: Loren, Lawyer replied 2 months ago

Did you have further questions? Have I answered your question? Please let me know, as your satisfaction with my service is important to me.

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Lawyer: Loren, Lawyer replied 2 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you for using JA.

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