Re: Lease Question

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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.