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I've signed a lease that was supposed to be for March 1st.

Good afternoon Lawyer's Assistant:...

Good afternoon

Lawyer's Assistant: Hi. How can I help?

I've signed a lease that was supposed to be for March 1st. The landlord notified me that the person occuping the property want going to be out for an additional 30 days and I can have it for April 1st

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

Ct

Lawyer's Assistant: Has any paperwork been filed?

Now she says, I can pick up my deposit she changed her mind

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

With the courts?

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Answered in 19 minutes by:
3/13/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,080
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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I have read your comments, but I don't see an actual legal question?

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.

thanks

Barrister

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Customer reply replied 1 month ago
I'd like to know if it's legal to withhold the keys to the property with me having a signed lease ?

No, it is definitely not. If you have a signed lease for March 1, the landlord is in breach of the contract for failing to put you in possession of the property on that date. That gives you legal grounds to sue the landlord for any damages you have incurred due to their breach (i.e. hotel costs, storage of personal property costs, costs of eating out, etc.). But for them breaching the contract and not putting you in possession of the property, you would not have incurred those damages.

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So you have a duty to mitigate your damages by trying to find another place, but when you do, you can sue the landlord for your costs and damages up to $5K in small claims court and you don't need an attorney.

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The landlord shouldn't have signed a lease if she wasn't sure she would be able to provide possession.

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.

thanks

Barrister

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Customer reply replied 1 month ago
I understand, so would I just forfeit the deposit, file a claim.. what would be my next step?

No, you never forfeit your deposit... they aren't renting to you so you definitely get that back... plus whatever damages you have incurred.

.

So if you were planning on moving in on March 1 and get there with all your stuff and the landlord said "sorry, can't get you in" and you had to stay in a hotel for a week until you could find another place, then you can sue the landlord for those costs.

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Your next step would be to figure out what your actual provable damages are, including any refund of deposit, application fee, etc. and then send the landlord a written demand for that amount stating that they are in breach of the written contract and your next step will be to file suit and seek your actual damages as well as punitive damages since they willfully and intentionally breached the lease contract.

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Then is she won't reimburse you for all your costs, you sue her in small claims court for all your damages and add in some additional amount for the time and trouble it has caused you and try to get the judge to ding the landlord for some additional amount to set an example and deter future similar behavior..

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Customer reply replied 1 month ago
Ok, Thank you for your service.

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,080
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,080
41,080 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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