Legal Question in Landlord & Tenant Law in New York

not allowed to move in on the move-in date specified on lease

I signed a lease with a well-known residential rental company in NY state to move into a specific unit on 8/21. I got a call yesterday from the company saying that I can no longer move into that unit on the specified date because the current tenant changed mind and would not move out. The company offered two solutions: 1. I stay in its guest suite first until the current tenant moves out. In that case I'll have to move my furnitures and belongs on a later (and unspecified) date 2. The company can give me a discount on another more expensive unit, but I'll still have to pay quite more than what my rent would be. Both options are not acceptable because 1. I booked movers for the specific date and can't move on a later date. 2. I can't afford to pay more rent than what's signed on the lease.

Is there anything I can do to protect my right as a renter? Many thanks.


Asked on 8/04/04, 10:06 am

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: not allowed to move in on the move-in date specified on lease

As I see it you have 2 options. The first is to ask the comapny to cover your expenses while you our out of possession of your apartment, oor that you will take the other apartment as long as they cover the diferece for the time that you are out of possession. Or you can terminate the lease. And if you end up having to apy more you can sue them for the difference in the rent you had and thew rent you were able to get.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 8/05/04, 11:06 am
richard feldman richard d. feldman

Re: not allowed to move in on the move-in date specified on lease

most leases have a clause that covers what happens when the landlord cannot deliver possession. check the lease If you would like to discuss further call me at 212 683 8677

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Answered on 8/04/04, 11:50 am


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