Legal Question in Real Estate Law in New York

When does a tenant take possesion of an apartment

On 10/10/2002, I signed a lease back-dated to 10/1/2002. The landlord agreed to credit me the pro-rata amount until my move in date(later to be decided as 10/21/2002.) On 10/21/2002, when i picked up my keys, the door man asked me to sign a receipt that was pre-written by the landlord stating that the move in date was 10/16. I signed but crossed out the 10/16, wrote in 10/21 and initialed it. Upon investigating the landlord claimed I took possession when I asked the building painter(a building employee) to use my own paint when he re-painted the apartment. He agreed. The landlord now says I took possession on the 16th when it was painted and not the 21st. Is this correct?


Asked on 10/22/02, 3:40 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: When does a tenant take possesion of an apartment

THIS IS A MATTER THAT COULD GO EITHER WAY. WAS THE PAINTING REQUIRED AS PART OF THE LANDLORD'S SET-UP FOR THE LEASE OR WAS IT SOMETHING YOU SPECIFICALLY ARRANGED FOR? THE FORMER MIGHT FAVOR YOU, THE LATTER THE LANDLORD. WAS THE PAINTER PAID FOR HIS SERVICES? IF SO, BY WHOM? THIS COULD HELP DECIDE THE MATTER. NO PAYMENT, COULD GO EITHER WAY.

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Answered on 10/22/02, 4:55 pm


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