Tenant/Landlord law regarding lease and rent concession?

Alyssa

New member
I held my apartment for September 1, 2008. However, on the date of move-in, the apartment claimed they did not have the unit ready and postponed my move-in until September 10, 2008.

In my lease, it stated that they would give me a one-time rent concession of $450 for my FIRST month of move-in. However, I then got word that they demanded my rent for September and would transfer the concession into October 2008. So, I was forced to pay rent for September of $315 (which admittedly I wasn't prepared to do, as I had anticipated that I would have that month free).

Because of this, I felt that I was entitled to a credit on my account for the $450 concession for the FIRST month, that I never received. As such, I gave my thirty day notice and deducted the credit from my rent for the ten days I was postponed from my rental unit because of their error.

My landlord is now taking me to court. I did not receive anything in the mail and nothing on the door until the summons for my court appearance, so I didn't even have an opportunity to meet about the issue before they took me to court.

As the lease specifically states I got a one time concession of my FIRST month's rent of $450 and then they forced me to pay a $315 rent to postpone that concession, what legal rights do I have in court? I asked how much I would owe if I paid now over an issue of $250 worth of rent and they told me with legal fees included, I owed $1140.

OUTRAGEOUS! Please, legal advice.
 
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