My boyfriend and I signed a lease for an apartment for Sept 1st, while the current tenants were in the process of being evicted. From what the landlords told us (it’s 2 brothers) the tenants last day was during the last week of august and then they would only have to repair all the damage that they caused and we would be in. First of all he cashed the check for first and last months rent about 3 days after he got it, which was about 2 weeks before we moved in and I’m not sure if that’s allowed to be done. Second of all the last week of August turned into the September 2nd which turned into several days, and now the tenant has an extension from the court for another 2 weeks. The guy is ignoring all my phone calls, said once he’d call me and still hasn’t. We both currently are living out of boxes at our parents’ houses and have no place to go. Also, in the lease it says that if for whatever reason the landlord can’t deliver the premises on the move in date, then we have to give him 30 days to get his stuff together before we can break the lease. I don’t have 30 days, I work 2 jobs and go to school for architecture which I start in about 3 days, it’s almost impossible for me to be living at my parents house and not have all of my school stuff with me. I need more than anything to be set up in a permanent location so that I can get the ball rolling with school and be settled..I don’t know what else to do..I’m desperate and this slime ball will not communicate with me. someone PLEASE offer some good advice!!.. This is in Massachusetts by the way.
5 Responses to 'Is there any legal action I can take against my new landlord?'
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Unfortunately the slime ball is not your landlord. The slime balls are the tenants that are currently occupying the property and won’t leave. Your Landlord is obligated to issue you a refund for the days that you have been unable to move into the apartment.
You need to take a step back and see who the real bad guy is in this situation, you don’t want to blame the wrong person for an unfortunate situation caused by someones failure to fulfill their obligations.
For better or for worse, your lease actually has text describing what happens if/when the landlord fails to hand over the premises. Many leases do not.
Unfortunately, in your case, that means he has 30 days – and your financial/sanity status isn’t relevant.
As for cashing the check – I’m afraid you’re wrong. In fact, he can get in trouble for NOT cashing the check in a timely fashion. That being said, the interest for the security deposit starts from when the check was deposited, not when you move in. Small comfort.
I think any action you take against him will require a lawyer and probably will go nowhere until after the 30 days.
So – ask yourself – even if he were to turn the place over to you right now, do you want to be in business with the guy? Even if you were to prevail legally, it means you would be dealing with a hostile landlord.
The above answerer is probably correct – the slimeball here is the current tenant. However, the fact that your landlord isn’t keeping in constant contact with you over the status does not bode well.
You may want to consider backing out of the lease. Now, how easy that will be depends on how the lease is worded. If you can terminate anytime until the move-in date, its easy. If you’re stuck with an obligation for the year, then it may be harder. If there was any reasonable way of doing it, I would consider sending him a certified letter saying that you believe that his level of communication under these circumstances make you believe that he will not be a reliable landlord and you are therefore not going to be taking residence there. He may wish to fight it, but, especially in Massachusetts, he has no real means to fight you not showing up and not paying rent, other than keeping your security deposit. Any action he takes to try to force you to adhere to the lease will require legal action on his part – and will put him in the situation of having a hostile tenant. It will cost him more than it will gain him.
It would be a little different if all your stuff is there.
For better or for worse, tenants run out on leases all the time. It might have an effect on your credit rating down the line … but I gotta tell you – it may be worth it!
I’m pretty sure you can take legal action as they are in breach of contract with you but you might want to double check with Massachusetts Trial Court Libraries under Massachusetts Law About Landlord and Tenant here’s the link:
You signed a lease that says you have to give him 30 days after the agreed on date if it’s not ready then. If you can’t live with that, why did you sign it? You’re stuck with it now.
First of all anytime you write a check and date it for today anyone your writing it too can cash it unless you date it into the future. Second, you can always go to small claims court to dispute the problem and probably win since the landlord can’t deliver on said promises. Problem you’ll run into is it will probably take a couple of weeks to do this. Your best bet is too stay at your parents home and wait it out. It’s a bad experience but you will have to play it out. Good luck.