Legal Question in Real Estate Law in Pennsylvania

Lease Breach due to zoning issue

I am a student in Philadelphia going into my junior year. Two of my friends and I decided to go in on an apartment. We signed the lease and the move in date is for May 1, 2009. I got a call from the agent today asking us how flexible we were with the move in date because they were having an issue with zoning permits and she said it was going to be another 60-90 days which would mean move in date around August 2009. I said we needed to move in immediately because of summer classes and the lease was for May 1 move in date. She is offering an alternative property for the time frame, we would pay the same amount of rent plus utilities for this property for this property until the other property's zoning issues were resolved. I feel that we should be offered rent abatement because this issue is the landlord's responsibility. Do you think it would be within our rights as tenants to ask for this? Do you have any advice on how to at least get a discount for the rent until we can move into the property we have agreed to on the lease?


Asked on 4/14/09, 12:10 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Lease Breach due to zoning issue

As to within your rights as tenants no. Within your right to see what you can get from the landlord go for it. They might not cut you a break on the rent but there might be other things they will give you. Maybe a break on the utilities or another parking spot.

This is how good a deal you can cut for yourself and how much the landlord wants you as tenants.

The landlord has done more than they are legally required to do. So ask but if they say no accept it and move on. They could have voided the lease entirely.

{John}

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Answered on 4/14/09, 9:15 am


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