C
codysdoor
Guest
My lease says that if an apartment isn't ready in 5 days after the noted lease start date that the tenant can terminate the lease and get the deposit back. That said, I have two questions about a recent situation:
1) I knew before the 1st of the month (lease start date) that the apt wasn't going to be ready in time (due to extensive upgrades being done). I let the tenant know. He replied "no problem, I have a place to stay, let me know when you think it'll be ready". There were many upgrades done so it was done about the 12th. I let them know it would be the 12th, they said okay and scheduled their electric service to be turned on the 12th.
So the first question is, when the new move in date is communicated via phone/e-mail and agreed to by the tenant, can they terminate the lease even after agreeing to the new date by claiming it wasn't ready 5 days after the start?
2) Tenant claims that on the 12th (new agreed move in date) the apartment wasn't ready. I disagree.
So the second question is what might constitute "not ready" for move in? I view the apartment myself to see (as my contractor said it was ready). It seemed ready to me. In fairness I noticed a few minor cosmetic things (he forgot to install lights into one of the celling fans, two of the kitchen cabinets didn't have their pulls/hardware put on, there was an empty celling fan box in the closet, there was a small tile missing on a shower ledge.
Basically nothing that couldn't be corrected in an hour.
I have a feeling he just changed his mind about the place so now is using the 'not ready' to terminate the lease. He wants his deposit back and I'm saying "no way" as I now have to re-list the apartment and get another tenant (it will be quick as the area is in high demand).
I agreed to let him out of his lease with out any penalty OTHER than keeping the deposit. Fair right? He's threatening to go to small claims for the deposit. I think I'll easily win such a case. Thoughts?
Oh, third question: Should I go after him for breaking the lease (other than just keeping his deposit) if he indeed does go to small claims for the deposit?
SORRY FOR THE LONG QUESTION(S)! I normally am in 'answer' mode so I hope asking works for me
1) I knew before the 1st of the month (lease start date) that the apt wasn't going to be ready in time (due to extensive upgrades being done). I let the tenant know. He replied "no problem, I have a place to stay, let me know when you think it'll be ready". There were many upgrades done so it was done about the 12th. I let them know it would be the 12th, they said okay and scheduled their electric service to be turned on the 12th.
So the first question is, when the new move in date is communicated via phone/e-mail and agreed to by the tenant, can they terminate the lease even after agreeing to the new date by claiming it wasn't ready 5 days after the start?
2) Tenant claims that on the 12th (new agreed move in date) the apartment wasn't ready. I disagree.
So the second question is what might constitute "not ready" for move in? I view the apartment myself to see (as my contractor said it was ready). It seemed ready to me. In fairness I noticed a few minor cosmetic things (he forgot to install lights into one of the celling fans, two of the kitchen cabinets didn't have their pulls/hardware put on, there was an empty celling fan box in the closet, there was a small tile missing on a shower ledge.
Basically nothing that couldn't be corrected in an hour.
I have a feeling he just changed his mind about the place so now is using the 'not ready' to terminate the lease. He wants his deposit back and I'm saying "no way" as I now have to re-list the apartment and get another tenant (it will be quick as the area is in high demand).
I agreed to let him out of his lease with out any penalty OTHER than keeping the deposit. Fair right? He's threatening to go to small claims for the deposit. I think I'll easily win such a case. Thoughts?
Oh, third question: Should I go after him for breaking the lease (other than just keeping his deposit) if he indeed does go to small claims for the deposit?
SORRY FOR THE LONG QUESTION(S)! I normally am in 'answer' mode so I hope asking works for me