Is the Landlord Breaking the lease

[caitydid7]

New York Law.

We signed a lease that stated the move in date to be the 15th. The landlord emailed and said he was away and we could meet Tuesday (17th)and get the keys. No response from the 11th till late in the day the 17th. Is this breaking the lease? What rights do we have in New York law to request for our money back?

 

[Searchertwin]

New York Law.

We signed a lease that stated the move in date to be the 15th. The landlord emailed and said he was away and we could meet Tuesday (17th)and get the keys. No response from the 11th till late in the day the 17th. Is this breaking the lease? What rights do we have in New York law to request for our money back?

If you did not respond back to him, than he assumes everything is alright. He assumes that you are "ok" with this.
If this bother you, you should have email back and said, "No, we paid for the 15 to be in the house, not the 17th." Than that would have been a different story.
So the contract still stands. Your rights, move in and pay rent.