Re: Lease Question

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On 8/28/08, Frankie Adamo wrote:
> In your case, I would need to review the lease to give you
> the best answer. Further, I would need to speak to your
> landlord.
>
> Nevertheless, I can provide you with some ideas to get you
> started.
>
> Your primary issue seems to be one of access. If you can
show
> that you did not have access to the premises, then you were
> never in actual possession of the leased location; thus, no
> rent is due. If you did have access, but never used the
> premises, then you would be liable for the rent - it would
> have been your choice to occupy/use the house or not. Also,
> you mentioned in the post that you took possession in May,
> but the premises was not in a clean condition. Further, you
> stated that you have stuff in the house. If these are true,
> then it seems that you got possession of the premises. These
> two items are defenses the landlord will use against you -
> you will need to have a good explanation for them.
>
> As an additional argument, you may claim that the landlord
> waived her right to the May through August rent by not
> collecting it, which indirectly proves that you had no
> access. A landlord's remedy for people who do not pay rent
is
> eviction. If you do not have possession, then the remedy of
> eviction is not adequate. By not evicting you for non-
payment
> of rent from May through August, your landlord indirectly
> proved you did not have possession.
>
> If the landlord fails to give you access to the premises,
> then s/he has breached one of the covenants of the lease,
> which relieves you of the duty to perform under the terms of
> the lease. In other words, you're off the hook.
>
> Note: The information that I've provided is generally
> applicable, since every state has its own landlord/tenant
> statutes. Therefore, you need to consult your state's
> landlord/tenant act for the applicable governing law. You
did
> not mention a state in your post. If you ever post again, be
> sure to mention the applicable state (i.e. the property
> location).
>
> Finally, what are the other two individuals who are sharing
> the place with you claiming? What is their status - are they
> living there? Are they joining you against the landlord? Is
> the landlord asking them for any rent? Are their names on
the
> lease? These are all important questions that you'll need to
> address regarding the others you mentioned in your post.
>
> Good luck.
>
> On 8/26/08, Matt wrote:
>> Signed a 12 month lease this past April for a house shared
>> with three others. The lease started in May, however, I am
>> not moving in till the beginning of September. When taking
>> possession of the house in May it was not in a clean
>> condition like the lease stated as well there was mold and
>> holes in parts of the house. On top of this I was never
>> given a key as the landlord had not received them back from
>> past tenants. This kind of scared me as I had stuff in the
>> house, but other people had keys. The landlord agreed she
>> would send me the keys in the mail which never happened. She
>> never contacted me about paying rent until today. She says I
>> owe from May to August. Also I asked why I never received
>> the key and the landlord said it has been left in the
>> mailbox all summer. Something she never told me. Did I
>> technically take possession if the house was not presented
>> as it was stated in the lease. Also is there anything I can
>> do about not receiving the key and the landlord leaving it
>> in the mailbox.