Q: Signed a lease in OH for April 1. found out we have to move elsewhere for Husband's job. LL has deposit...
LL told us yesterday, April 1 (day we were to get keys) that the Former tenant was not out of the home and there were things that needed to be remediated. Since we still have the lease and would not have been able to take occupancy on April 1 as lease states, does the section in our lease regarding the landlord not being able to deliver the premises as promised still apply? It states that we would have the right to forfeit the lease if the home was not deliverable on dates set forth. I am happy to let him keep the deposit, but do I have to pay April rent as the home would not have been deliverable and still is not. Is there a limit on the amount of time he can wait to list the property? Had the home been deliverable, it would be ready to show...but is not. I am happy that I didn't pay prior to April 1 as the other tenant was not out. Also, he wants us to pay 4-6 months toward the lease break, but there is nothing stated in the lease. lease says SD can be used for unpaid rent...
A: If the lease says you can terminate if not delivered on April 1, then send landlord notice of termination. Try to work it out with landlord.
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