I gave a deposit, pay for background check to apartment in Los Angeles county. My move in date is June 10th. Yesterday, on May 31th I received a call from an aparment. They told me that they need to finished they construction in my room and cant allow move in June 10th. They can allow move in on June 17th. But I gave notice already to my current apartment and cant stay longer in my current apartment. Moreover, I moved all utilities to new apartment. new apartment manger told me:" you stay in hotel until move in". I cant pay for hotel. I have school age children. Can I sue new apartment?
It wasn't clear whether you actually have a signed lease for the new space. If not, you may be out of luck.
If you have a lease, many forms have a clause that absolves the landlord from liability if there is a delay in possession. If your lease has such clause, it might make it difficult for you to sue the landlord - at least if the delay was not reasonably foreseeable and/or was for a reason beyond the landlord's reasonable control.
As a practical matter, if you holdover in your current apartment, I see no way that the landlord could lawfully evict you by June 17, since he'd need to file and serve the eviction lawsuit (which you can oppose,, which would delay things further), get a judgment, get the papers to the sheriff, etc., all of which takes several weeks.
So, you best approach may be to try to work something out with your current landlord, but stay regardless. Then, sometime after you have moved into the new place, if the new landlord won't compensate you for your losses (including any holdover rent, the cost of temporarily re-connecting the utilities, etc.), you can always sue in small claims court.
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