We were supposed to move into a property almost 3 months ago. we paid rent and security already and signed lease for the proposed move in date. the day of the move, the property was no where near ready for occupancy. the property manager placed us in a next door property in the interim and we are still there and the property we signed a lease for is still not ready. the interim property is in barely livable condition and we have had numerous shut-offs and reconnects with regard to our utilities due to the fault of the owner while we have been there. the ceiling in the bathroom is falling in and there is what i think is mold throughout the bathroom and carpets. what can we do at this point? am i entitled to my money back? is there any agency who can provide me assistance. we are in NJ.
Real Estate Attorney
You can sue in small claims court.
Administrative Law Lawyer
You now have a month to month tenancy in the substitute apt. If you wanted to terminate that tenancy you must give 30 days notice. If the LL did not place you into the apt you signed a lease, paid rent and security you may sue for 2x the rent for not placing you into possession. You have a choice stay and wait or find another place give notice and demand your money back or file suit.
your LL is in breach of your lease agreement on the initial apartment, and you are probably entitled to some damages as described by Ms. Joseph. In addition, your substitute apartment appears to suffer from serious defects with regard to habitability which may entitle you to damages, and/or may be sufficient to provide you with an "out" entirely as a constructive eviction.
You should speak with an attorney to discuss your specific situation
The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.