Does a landlord use as a termination date, a date earlier when atenant actually receives the keys?
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Does a landlord use as a termination date, a date earlier when atenant actually receives the keys?
I signed a lease on 9-17-10 and did a walk-through. Someone was still living there. I did not get the keys until 9-22-10. Due to bad credit I was told that I could not get utilities turned on in my name. Now I must break the lease. The landlord wants the termination date to be 9-17-10. Is this right?
Asked on September 27, 2010 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As a general matter, the date(s) in the lease control--but that works both ways. If the landlord did not provide you access on 9/17, when you had contracted (that's what a lease is--a contract), then that was the *landlord's* breach of the lease. Furthermore, it was very likely a material--or important--breach, one that would give you the right to terminate the lease without penalty. So a good argument could be made that that the appropriate thing is to use 9/17 as the termination date and that was the date the landlord breached and you terminated accordingly.
Even if the landlord does not accept the above and you elect to not fight it, at the very least, the landlord's failure to deliver possession on the contracted for date was a breach and you would not have to pay rent for the days the landlord was not in breach like this and did not or could not deliver the apartment.
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