Bronx, NY asked in Contracts for New York

Q: havent recieved the keys 20 days after lease started. can i just break the lease and find another place to live.

Lease started june 1

still havent recieved the keys

landlord has stopped responding

buffalo ny

have not even entered the property during the lease term yet

can i break the lease and find another place

has my deposit which is equal to two months rent

Related Topics:
2 Lawyer Answers
Gary Lane
Gary Lane
Answered
  • Irvine, CA
  • Licensed in New York

A: Yes, they have breached the lease, allowing you to go elsewhere, assuming you have notified them in writing with proof of that. They sue for return of deposit if need to.

Jacob David Verchereau agrees with this answer

1 user found this answer helpful

Jacob David Verchereau
Jacob David Verchereau
Answered
  • Troy, NY
  • Licensed in New York

A: Yes, the failure of your landlord to grant you possession of the leased property during the lease period would certainly be considered a material breach of the lease agreement. Before signing a new lease, you should send a formal letter to the landlord stating that he/she has breached the lease agreement, that you intend to secure alternative housing, and that you intend to sue him/her for damages caused by the breach. In addition to the return of your security deposit, you may potentially also be entitled to other damages. For example, if you wind up paying a higher rent payment for a similar apartment because nothing else is available, then you may be able to seek damages for the difference in rent rates. Or, if you have to keep your belongings in storage due to the landlord's failure to grant you possession, you could potentially be entitled the storage costs as damages.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.