Legal Question in Real Estate Law in California
rental property not ready on 1st day of lease
we signed a lease to start on 4/1/02. Now she says we
won't be able to move in until 4/2/02. We know the
current tenants are leaving on March 31st, and see no
reason why it can't be cleaned by 4/1. We have nowhere
to go and nowhere to store stuff overnight on 4/1/02.
Does she have to pay for hotel and truck rental for
storage for the night in addition to prorating rent? (We
were going to move with flat bed truck on the first, but
won't be able to store anything overnight in it. And we
have to be out of current apartment on the first)
1 Answer from Attorneys
Re: rental property not ready on 1st day of lease
You are probably entitled to reasonable compensation, at least a pro-ration of the rent and perhaps more, but this is really the sort of thing you want to negotiate and reason out with the landlord, and not to brandish a threat of suit. My recommendation is to see if you can work something out with the landlord and the departing tenant. This may have to do with cleaning or minor repairs, and perhaps there is a corner of the place, or a garage, where your belongings can be placed temporarily. Again, you are probably legally right, but sometimes you lose by winning.
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