Q: Supposed to move in on 9/1 but still waiting due to renovations. Can I end the lease and get deposit back?
The lease started on September 1st and states specific renovations would be completed before then. These are still ongoing, preventing me from moving in. I want to ask for my security deposit back and look for another property to rent. How do I go about doing that?
A:
1. Review the lease. Look for conditions precedent and time is of the essence clauses. Look for liquidated damages clauses, too. If the lease favors you, consider filing suit for damages.
2. Notify the Landlord that they are in breach, and you need immediate housing as contracted. Tell them that the Taj Mahal seems to have a vacancy, but it will cost several million more than your current lease, and you have asked a lawyer whether the Landlord is responsible for the difference in the rent. Tell them if you have your deposit and a torn up lease in your hands by 5:00 p.m., you’ll forget to schedule that appointment.
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