Unit Not Ready by Agreed Move-in Date

[reggi]

What is the name of your state (only U.S. law)? CA

We had signed the contract about 3 weeks ago, stating that our move-in date would be on May 21st (this friday). Just today I email him to check on the status of the unit (he said he was getting the carpet replaced and paint touched up, etc) and he JUST told me that the unit will not be ready until Saturday, May 22nd. I had already set appointments for the electricity company to come out on Friday, friends were coming to town to help me move, cleaning services ordered for our old place, etc. I'm just so irritated that I don't know if I want to even have to deal with the landlord anymore. Could I break my lease without any penalty since the unit will not be ready by the agreed upon move-in date?

He said that the circumstances were beyond his control, but I know it's truly his fault. The carpet couldn't be replaced because the electricity wasn't on... I saw him last week and he said "I don't know why the electricity turned off, I need to follow up with that - it should be on until the 21st" and he obviously didn't because the electricity is STILL not on, and thus the carpet installation had to be delayed. How is that "beyond his control" when he didn't follow up with the electricity company?? (and I know the electricity company does not 'lag' since I called and they said they can turn it on with as little as 2 days notice)

Sorry for the long post - I'm super irritated and stressed out about the whole situation! Not sure I want to rent from a landlord that is so unreliable and tries to shift the blame onto "3rd parties"

Thanks in advance for any advice ya'll can provide! =)

 

[FarmerJ]

Reg Yes its a tough spot to be in But if this LL had the same tenant in the unit for a long time it is entirely possible they were not aware of electric utility policy re service restorations at property where it was turned off. Know this , one day is not a serious delay, But your free to contact the LL and suggest to the LL they should not be doing this work with electricity you would be billed for since they did not arrange for power to be on and billed to them for the small amount of use they would consume that they are free to rent a generator to use for the install or compensate you for one days rent and the power used to do the job ,(go read the meter this morning then read it again the day you do move in so you know how much they used) If you go the more extreme route and show up as planned and if unit is not ready ( take pics ) and tell the LL you wont move in at all. I suggest youll be in for a fight to get any money you have given to the LL returned because one day is not serious. In the end it comes to this , if you start a big fight now (pick and choose your battles) this LL first may decide to not renew the lease once you move in or you may find this LL less than willing to work with you on other issues later on that really are more serious. Again pick and choose your battles while keeping communications in writting so there is paper trails for your records including future repair issues as well.