Land lord delaying move n date

[rk47]

What is the name of your state (only U.S. law)? Massachusetts

Hello friends,

Both parties signed a lease on November 22nd , 2017 , move in date in December 18th. Today the management of the apartment complex just called me saying that the apartment is not available till February 2018.
I have already given notice to my existing apartment, and they have new tenants move in from 1st January 2018. Not to mention it is also said in the contract that they are not responsible if the move in is delayed.
What are my options now ? Shouldn't they notify me in writing ? Is there a limit to on the time frame they can let the future tenants know that they cant move in ??

Thanks in advance!

RK

 

[FarmerJ]

Does your copy of the lease you signed list the date the lease is to begin ? And what did they tell you when you told them that waiting for that apartment is not a option for you (and they will have to refund to you everything you have paid ? )

 

[rk47]

Does your copy of the lease you signed list the date the lease is to begin ? And what did they tell you when you told them that waiting for that apartment is not a option for you (and they will have to refund to you everything you have paid ? )

Hello

Yes the lease does say the move in date. They gave me an option of moving in to a much more expensive apartment and also gave me an option to cancel my lease, and they will refund me the deposit.

Thanks

RK

 

[Gail in Georgia]

I'd suggest taking the option to cancel the lease, getting your refund back and start looking for another place to rent.

Gail

 

[Mass_Shyster]

Contact a tenant's rights attorney. Landlords are subject the the Massachusetts Consumer Protection laws (MGL Chapter 93A).

Under Chapter 93A, the landlord may be liable for treble damages plus attorney fees. Many tenant's rights attorneys will offer free consultations, since he or she may end up being paid by the landlord.

I've seen cases where the landlord ended up putting the tenant up in a hotel for several months while she looked for "suitable" housing.

 

[rk47]

Thank you all for the invaluable advice.

They have agreed to move me in to the more expensive apartment till the apartment I have applied for is vacant.

With a lot of research and correspondences. I have come to know, that it actually depends if the land lord is liable.

In some of these cases , the land lords are not liable ( varies state to state):

On going constructions

Fire damages not fixed

Previous tenants did not vacate ( my case).

But if the land lord is unable to deliver the apartment due to negligence, and if that can be proved in a court. They maybe liable to compensate up to $1000 / day.

Thank You

RK