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

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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
  • Albany, 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.

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