Q: I broke lease but he says hes keeping deposit even though I wasnt going to move in until July 20th. Can he do that?
Informed today my income would be decreased(covid). I signed a rental lease 5 days ago, June 20th ago to move in July 20th(the current tenant moves out July 18th). Im 7 months pregnant and I'm not going to risk moving to a more expensive place if I am unsure I can afford it. I informed the landlord apologizing and he informed me he wouldnt be able to show the unit until July 18th and I'd have to use the deposit to cover the first months rent. However, aren't they are suppose to actively look for tenants. What rights do I have?
I also paid a seperate pet deposit.
A:
The LL is supposed to actively look for tenants. You should consider going to small claims and seeking full refund of your deposit. It appears you will come under some renter protection provisions of recent government ordinances imposed by the Governor's office. You can research these online and should go to Court armed with them. You should point out to the Court that the LL had the apartment off the market for 5 days due to your actions, and that his determination he could not show the apartment until the current tenant vacated is his determination and not caused by anything you did. Were you going to take the place without a showing? Did you know the existing tenant? If so this worked to the advantage of the LL, it was not a detriment that he did not get these additional benefits. Send him a "notice of rescission" and request full return of your money. Put your reason for rescinding the lease as impossibility of performance due to Covid 19 related loss of job.
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