Am I entitled to receive a partial refund on my rent due delay to move in?

[uPhone]

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

We just signed a lease on a new house. We were supposed to move in on June 1st, and now it's June 4th. He said contractors will be coming in and out getting the place to code, he hasn't formally given us the keys yet, and the place is inhabitable. There is still garbage on the floor, holes in the wall, and he told me he didn't pass inspection yet.

We pay $3900 a month in rent, and the first 4 day's it's been inhabitable/we really haven't gotten our keys, and the doors remain unlocked and all our stuff is in the basement.

We already paid for this month in advance, but we basically pay $130/day (3900/30) so since we haven't been able to live here for 4 days, would we be able to receive a $520 credit + $130 per day that he doesn't get the placed cleaned up?

We need to start living there because classes have already started and we need a place to sleep!

If so, how do I approach him and inform him that will we need a refund?

Should I tell him: for the days you have not been able to occupy the premises but have paid for, would he rather give you a check for the prorata rent for those days, or would he rather just let you deduct that amount from the next month's rent?

 

[justalayman]

it has been uninhabitable not not habitable. Inhabitable means it is able to be inhabited or lived in.

Should I tell him: for the days you have not been able to occupy the premises but have paid for, would he rather give you a check for the prorata rent for those days, or would he rather just let you deduct that amount from the next month's rent?

you could ask for either. If you are inclined, you could also ask him to terminate the lease due to the fact he is not able to release the property to you when promised. You would be due a complete refund of all money paid as well as you may have a claim for temporary expenses for living quarters until you could find another place to rent.

In lieu of a refund or deduction, you can ask he pay for whatever living arrangements you have to pay for while waiting such as a hotel.

and the doors remain unlocked and all our stuff is in the basement.

a really bad idea. If you do not have renters insurance to cover your property, I would rent a storage unit and look to the landlord to cover the cost.