What to do if I signed a lease, paid over $200, and then 1 1/2 weeks before my move in date the apartment manager is telling me the unit is no longer available?

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What to do if I signed a lease, paid over $200, and then 1 1/2 weeks before my move in date the apartment manager is telling me the unit is no longer available?

I was informed today that the current tenants aren’t moving and that apartment isn’t available. I know this has to be illegal. Please advise on what options I have legally?I do not want to let this go and will save every penny I can to take them to court, if I can. I have a signed lease for this, which was signed 2 weeks ago. It states the specific apartment I was to move in to, which I’m now being told is not available.

Asked on June 26, 2012 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written lease with your landlord for a specific unit and he or she has now told you that the unit is no longer available because the current tenant's are not moving, then your landlord to be is legally liable to you for breach of contract damages since what you bargained for cannot be given to you.

Your damages would be any difference in rent higher than what you would have paid for the time period of the lease that you signed which is not being honored. I suggest that you consult further with a landlord tenant attorney about your options concerning the matter you are writing about.


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