What legal rights do I have as a future tenant?
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What legal rights do I have as a future tenant?
I signed a lease 2 months ago with a new rental apartment unit. All was fine and we were due to move in in 2 weeks, I have booked movers, arranged services and our current lease is due to expire on the 11th of next month. I received an email from the new rental property to state that due to construction delays the property is not going to be available for 2 months. After numerous emails with the rental property they are doing little to provide compensation or solutions for us in the meantime.
Asked on June 24, 2015 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
A lease is a contract; if the other party to the lease breaches a contract, the non-breaching party is generally entitled to compensation for breach of contract. In this case, since the landlord is breaching the contract by not having the unit available, you should be entitled to compensation such as: if you have to rent a more expensive space or stay in a hotel, you would be entitled to the difference in price between the rent you would have paid for those two months and what you do have to pay; or if you have to put belongings in storage, for the storage cost; if you have to move twice (to an interim place, then to this unit), to the extra moving costs; etc. If the landlord will not voluntarily compensate you, you could sue them for breach of contract. Note however that the lease itself states what happens if there is a delay in giving you possession, you have to follow what the lease says; terms like that in a lease or contract are generally enforceable.
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