Hi, I have a question regarding an apartment (new/on-going construction) I recently rented (NJ). Actually, I signed the lease on Friday, July 29, 2011; however, I have been unable to move into the apartment because the gas and hot water are not on as of yet. All of my belongings are there, but I'm not. This apartment was scheduled to be ready and available for my move in date, yet I have been staying at another location because the apartment is not in livable condition. I'm not sure how long it's going to take for the apartment to be ready, but I need to find a place to live. So, my question is this ... can I break the lease and find another place to live? How long am I required to wait for them to get the apartment up to code so the gas company can come and turn on these utilities? I am aware that this is a new or on-going construction, but I figured that would be some noise, the electricity being turned off for a few hours etc. As of right now I'm living out of bags ... Please help!
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Can't Move In?
- Thread Starter micheled
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army judge
Super Moderator
Your lease will be your guide.
What does it say about your move in date and lease term?
The date you sign a lease isn't usually relevant
The lease term is the driver, along with the move in date.
Read your lease for your answers.
You also placed your belongings in the unit.
That appears to indicate that you took possession by that act.
Again, read the lease and discuss this with the landlord.
You have said nothing that would allow you to break the lease without it costing you.
None of us are slaves. Of course you may break the lease, but in this case, it will cost you a bundle.
What does it say about your move in date and lease term?
The date you sign a lease isn't usually relevant
The lease term is the driver, along with the move in date.
Read your lease for your answers.
You also placed your belongings in the unit.
That appears to indicate that you took possession by that act.
Again, read the lease and discuss this with the landlord.
You have said nothing that would allow you to break the lease without it costing you.
None of us are slaves. Of course you may break the lease, but in this case, it will cost you a bundle.
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Gail_in_Georgia
Moderator
Who is reponsible for getting the gas turned on? You or management?
Gail
Gail
Hi, I am responsible for getting the gas turned on; however, the gas company cannot do so because (according to them) the regulator has not been installed yet, which needs to be done by whoever is building the apartment complex. So, I was scheduled to move in on July 29th, but have not been able to because I have no gas or hot water. I understand that I am responsible for my lease, but I need a place to live. There was never any mention of this when I signed the lease. The way I look at it is ... if they told me I would have no gas or hot water I wouldn't have signed the lease to begin with. Is it legal to rent an apartment to someone that they cannot live in? That is inhabitable? My sister let me stay with her for a few days and then I had to leave. Now I am sleeping in my empty house which is scheduled to close in a few days. I'm desperate at this point. I can't wait any longer I need to find another apartment. I am just going to have to break the lease. I cannot wait until I'm on the street for them to install the regulator. They should not have rented me the apartment knowing I could not reside there. I wonder how much this is going to cost when they sue me?
army judge
Super Moderator
If you want to know ask the landlord or his/her agent.
If you discuss this in a civil, rational manner; you might be able to resolve it in a fair way to all parties.
Don't avoid it, deal with it.
If you discuss this in a civil, rational manner; you might be able to resolve it in a fair way to all parties.
Don't avoid it, deal with it.
Hi, I am trying to deal with it in a civilized way. I spoke to the woman who works in the office on Friday 8/5/11 and she was supposed to get back to me that day and it is now going on Monday. I am not one of those people who avoid my responsibilities. If anything, I am trying my very best to resolve this issue, but at the same time I need a place to live. I have already spent $3,000 to move into this apartment and I may have to spend that and then some if I need to find someplace else. From my point of view they are the ones avoiding me. I don't know what is involved in installing a regulator, but all I know is I cannot move into an apartment that has no gas/hot water. I sincerely don't get how I am wrong here. I may have found a different place to live, but I'm afraid that the landlord will drag me through court even though I didn't break the lease with bad intentions. I've never gone through anything like this before and I'm honestly just trying to make sure I have a roof over my head.
mightymoose
Moderator
I believe you will be ok to break the lease. Since the apartment is not ready for move-in and the landlord can't even rent it to anyone else in the mean time, the landlord is not actually going to suffer a loss.
The landlord's failure to have the apartment ready for move in already broke the lease agreement. You should be fine to move on- but if you have already paid deposits you need to play nice and get the landlord to refund.
The landlord's failure to have the apartment ready for move in already broke the lease agreement. You should be fine to move on- but if you have already paid deposits you need to play nice and get the landlord to refund.
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