Landlord delayed move-in date

[Joe Gahona]

What is the name of your state? New York City.

I'm set to move out of my current apt. and into another apt. a few miles away on July 1.

This morning I went to the management office to confirm & schedule my move-in at the new apartment for July 1, and the landlord's assistant told me the apartment isn't going to be ready until July 4, because the current tenant is staying until June 30, and the landlord needs time to "repaint and prep the place" for me. The lease, which I have a copy of, clearly states that it starts July 1—but unfortunately there's also a clause in the lease that I think deals with this scenario, which reads:

"A situation could arise which might prevent Owner from letting You move into the Apartment on the beginning date set in this Lease. If this happens for reasons beyond Owner's reasonable control, Owner will not be responsible for Your expenses, and this Lease will remain in effect."

No idea what "reasons beyond Owner's reasonable control" means...but do I have any options here? I'm supposed to be out of my current apartment on July 1, and if I'm not allowed into the new place until the 4th, it's going to cost me a lot to move all my stuff twice and to find storage for those three days. I sent my current landlord a letter this morning describing the situation and asking for the additional time, but I can't count on him to let me stay here until the 4th. I've been a great tenant so there's a chance he'll let me, but he's incredibly by-the-book, etc., and I'm sure the new tenant wants to move in on the 1st, like most people.

I appreciate any advice. Thanks for reading.

 

[Devedander]

The owner has no way of removing the current tennant any sooner than the 1st since even a 30 day eviction notice would not be soon enough. It is therefore beyond the owners reasonable ability to let you move in on the 1st.

It was not beyond his reasonable ability to alert you to this issue when he provided the lease as he almost certainly new the circumstances, but that is not likely something you can recover damages for. I would take this as a lesson about this managers ways and keep that lesson in mind.

If your current manager is very nice he may let you stay for the extra 4 days but it would not be out of line for him to request rent for the 4 days.

 

[Joe Gahona]

Hi, Deve. Thanks for your reply. That makes sense.

I'd certainly have no problem paying for the four extra days at my current place; my concern is with the dreaded double-move.

What I don't understand is this: I don't expect the landlord to remove the tenant any earlier than the 30th, but I am assuming the landlord knew all along that the tenant could possibly stay until the 30th, because that's when his lease ended. If that is the case, and if the case is also that it takes the landlord three or four days to clean/paint/prep the apartment (which seems long), then why on earth did he advertise the apt. as a July 1 move-in? Don't *most* people wait until the last day to move?

If I'd known the apartment might not be available until July 4 five weeks ago, when I paid the deposit and the first month's rent, I would've had a much greater chance to clear it with my current landlord. It is now less than four weeks from my move-in, and groveling to my current landlord at this point makes me look like a disorganized, inept slacker.

 

[Devedander]

That is why I said to take this as a lesson about your new managers ways...

Unless he is absolutely new to the business he knew exactly what would happen, but he did it all the same. Why? I can only guess that in New York the law states you must provide notice 30 days prior to your next rental term. Since almost all rent is due on the first, this means people are almost all going to want to move in on the first... to advertise availability on the fourth would greatly reduce the number of applicants as well as mean he probably would have to eat rent for 3 or more weeks during the middle of the month (as no one would be moving in the middle of the month).

So he pulled a fast one on you, put you in a position where he figures he has the upper hand and stands to gain the most as well as has you between a rock and a hard place; you probably can't get out of the lease due to this issue directly because of the quoted clause and even if you could you probably have nowhere to go.

He may also be hoping you will waive this cleaning and prepping in return for immediate move in saving him time and money and possibly putting you in a position to pay for repairs of things already wrong when you moved in.

If he weasels you now, just think what he will do over time and during move out... remember that and take precaution.

Truly sorry to hear about your predicament. Might I sugest renting a moving truck for 4 days, stashing your stuff in it and trying to crash at a friends house?

 

[Who's Liable?]

The owner has no way of removing the current tennant any sooner than the 1st since even a 30 day eviction notice would not be soon enough. It is therefore beyond the owners reasonable ability to let you move in on the 1st.

It was not beyond his reasonable ability to alert you to this issue when he provided the lease as he almost certainly new the circumstances, but that is not likely something you can recover damages for. I would take this as a lesson about this managers ways and keep that lesson in mind.

If your current manager is very nice he may let you stay for the extra 4 days but it would not be out of line for him to request rent for the 4 days.

Be careful in your advice... Some states have statutes in their LL/T laws that states if a LL cannot or refuses to "surrender" or "make available" the rental unit in question upon the date given in the lease, the tenant can legally terminate the lease... EVEN IF the lease itself states that it cannot be terminated if such a situation occurs, as what the OP laid out... In this case, if NY LL/T laws have that statute, it OVERRIDES the lease clause, as no clause in a lease can violate a state statute...

The OP needs to verify with his state's LL/T laws if such a statute exists...

 

[Devedander]

Agreed...

Now the question is even gien the circumstances does the OP want to void the lease? OP has already stated (s)he is in a tight spot housing wise...

Even if you are not intersted in taking advantage of this, you might verify it's true and then threaten to take advantage of it to see if the manager will pay for some portion of the moving or living costs during the 4 days to avoid loosing you and undoubtably loosing more valuable days of rent.

 

[Joe Gahona]

Who's Liable and Deve:

Thanks for your replies. I have the numbers of a few organizations here in NYC to call tomorrow morning, to ask them about my options. I hope they are as willing to help as you have been. I will ask them tomorrow to clarify whether there's a statute like Who's Liable has mentioned. Although I do want to move into this apartment and get off on the right foot with the landlord, such a leverage move might be necessary.

I can't imagine a landlord would try to get out of the cleaning/prepping responsibility this way, but that's an interesting thought. Maybe it is that simple. Pretty lame if that's what he's attempting.

The moving-truck idea is something that hadn't occurred to me...Crashing on a friend's sofa isn't a concern at all; it's my furniture I'm most concerned about.

 

[Devedander]

If you can make the moving truck thing work I say do it and don't press the issue any further (but do ask for credit for the first 4 days of the month). If you are interested in being on good terms with the manager then you don't want to be backing him into a wall.

It is entirely possible this is just how things work in NY and it's to be expected, but I really feel any manager who doesn't watch out for your intersests by at least mentioning that might happen won't go out of their way for you in the future.

Good luck!

 

[Joe Gahona]

I've been sent around in circles on the telephone this morning, but the fact seems to be what Who's Liable said—i.e., landlord-tenant law very well might override what's in the lease clause. If so, I can demand my deposit/rent back and go elsewhere...which is not what I want it to come to; I actually like my new apt. and think it's a very good find.

My next logical step is to see what my landlord says regarding staying in my current apt. a few more days.

This occurred to me this morning: If the new person is moving in on July 1, maybe there's a way I could make a deal with him/her (and get permission from the landlord) to keep my stuff in a corner in the apartment (there is not much), live & sleep somewhere else, pay for his/her first week of rent here (~$500) and then move out on the 4th. I doubt it, as that seems VERY outside the box, but who knows. It's better than finding storage or renting a truck for three days.

 

[Devedander]

It would cost you moer than $500 to rent a truck for 4 days?

 

[Joe Gahona]

There'd also be parking for those three nights (and worrying whether it'll get broken into wherever it's sitting, etc) and a much higher "hassle factor."

But I haven't sat down and done the math yet, so you could very well be right; $500 is a lot.

 

[Devedander]

I forgot about NYC parking... But it's always an option so at least you have something to fall back on.

 

[Joe Gahona]

Follow-up question. Here's a quick summary of the situation so you can ignore what's above:

I live in New York City. On May 10 I signed a lease for an apartment that is to begin on July 1. The new building/management company requires new tenants to confirm and schedule their move in date. Two weeks ago I made several phone calls (and left messages) to do so; none of my messages were returned. On Monday of last week, I went to the management office to do it in person; the landlord's assistant told me that the apartment wouldn't be ready until July 4, because the current tenant is staying until June 30, and they need a few days to clean and prep the apartment for me. I told her I'd have to try and make arrangements with my current landlord to stay four extra days, and that I'd get back to her about a move-in date. She said there was a chance I could move in a day earlier, on July 3.

I called the management company last Friday and this morning, to schedule my move-in and to confirm the day that the apt. will be ready, and again my messages were not returned. I went to the office again after work, and the doorman called up, announced me, and they refused to see me and insisted that I call the number to schedule a move in.

Since they refuse to let me confirm and schedule my move-in, what can I do to ensure that I can move in at some point around July 1? I have a signed lease (for July 1), but I don't want to schedule movers, etc., just to show up at the building and be denied entry.