If landlord delays my move in date, is that a default and can lease be cancelled?

Asked almost 2 years ago - Stone Mountain, GA

landlord told me that before i move in, she will turn on all utilities and have her inspector present on the move in date for a walk through. She called me the day before to say the lights are not on and i will reduce 1st. months rent by $40. Is that a default and grounds to cancel lease. It says if landlord defaults and is not tenants fault the lease can be terminated.

Attorney answers (3)

  1. David Jason Merbaum

    Contributor Level 12


    Lawyers agree

    Answered . You did not state how long of a delay there would be. I would suspect that if it was a short delay - a few days or so, then it would not be considered a material breach. Every "breach" is not a grounds to avoid a contract if the breach is not material.

    This is not intended to create an attorney client relationship and none is to be implied either. You must contact... more
  2. Daliah Brill

    Contributor Level 8


    Lawyer agrees

    Answered . To answer a contract question, an attorney needs to see the contract. Without knowing anything about the contract, In most contracts, this fact scenario is not sufficient to constitute a breach.

  3. Ikemesit Amajak Eyo

    Contributor Level 18


    Lawyer agrees

    Answered . Whether or not the delay in move-in is grounds for terminating the lease depends on what the lease says about a delay to start. For a definitive answer to your question, you would need to show your lease to an attorney.

    I hope this information helps answer your question(s).

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more

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