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i signed a lease for an apartment for the 15th of september.

Customer Question
I've already paid the deposit...
i signed a lease for an apartment for the 15th of september. I've already paid the deposit, no rent has been paid and i have not gotten the keys to the unit yet due to the fact that the prior tenant is still occupying the property. my question is, can i break the lease due to the fact that the property is still not ready for me to live in with the other tenant still there. my landlord is giving me the run around, and im starting to lose my patience. the tenant was supposed to be out by the 1st of september. and still nothing. thanks for your response. its a property in california.
Submitted: 6 years ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/18/2011
Real Estate Lawyer: Ellen, Lawyer replied 6 years ago
Ellen
Ellen, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,714
Experience: 25 years of experience helping people like you.
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WebLaw :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

WebLaw :

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

WebLaw :

Yes you may terminate the lease due to the landlords breach of contract

Customer:

would i be able to get my full deposit back due to breach of contract?

WebLaw :

A lease is a binding contract between the landlord and tenant.When the contract is not adhered to by one party, that party has breached the contract.

WebLaw :

Therefore due to the landlords failure to timely deliver possession, you may cancel the lease and demand A refund of the full deposit

WebLaw :


Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.

Customer:

yes, do you have any legal instruction that i could use to back up my case?

Ellen
Ellen, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,714
Experience: 25 years of experience helping people like you.
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