IfI wasn’t given the unit promised me, can I break my lease and move out of the complex without incurring any penalties?

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IfI wasn’t given the unit promised me, can I break my lease and move out of the complex without incurring any penalties?

I signed a lease for an apartment. The day before I moved in the landlord told me that the apartment I was to move into was not ready and I would have to take another 1 temporarily. 4 months have passed and I still have not been placed in the apartment that I was originally promised. Despite numerous attempt to motivate the landlord they still haven’t gotten me into the other apartment. Can I move out without fear of retribution, since I was never given the apartment which I signed the lease for?

Asked on August 17, 2011 Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that you have a very good basis for having the lease deemed void.  My concern for you is that you will still be liable under the other lease unless you get a written agreement voiding it or a judge order it void.  You may want to consider bringing an action in landlord tenant court to enforce the lease or to render it void just to cover your self.  Yes, I know, it can be costly or time consuming but paying out under the other lease can be even more costly and time consuming some where down the road should the landlord try and sue you for specific perfomance.  Good luck to you.


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