Lease signed but Apartment not available on move in date

[karan2405]

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

I am living in A community from last 2 years.This year I planned to changed the apartment unit in same A community.I reserved a apartment 12 and signed the lease.
My current apartment lease end on 31st JAN and new apartment lease start on 1st Feb.
On 12/29,I got call from leasing office that apartment 12 is not available from 1st of Feb and its available from 1st MAR.So,they asked me to continue staying in my current apartment for 1 more month.
I raised few concerns like,
I would like to complete my lease by 31st JAN due to restriction of my project extension.
I have planned my trip in mid of Feb to various state so I have to reschedule it and it will include cancellation fees.
I have reschedule all the utilities transfer which will consume time and effort.

The leasing consultants/manager didn't bother much and said we are sorry for all trouble.Here is your options:
1) We have different apartment available from 1st Feb .Take it.-I didn't like anyone of them due to location.
2) Stay in your apartment for 1 month and shift on 1st MAR.We will provide 150 USD(referral award) concession

I asked for few days to think and explore outside.They said we cannot hold apartment for you long and gave me 1 day.Now,in this holiday time and wintery weather and at last moment I have to again start my search or face the consequences.
What should I do?
Can I take some legal action?The problem is lease is having term that Landlord is not responsible for any delay and will not pay any damages occur due to delay.
Please advice.

 

[FarmerJ]

If the unit is not ready stay where you are and re sign , if they say no then you could dig your heals in and tell them `you made this mess let me stay another year or stay until the unit is ready ` its too bad you have plans in feb but you can still pack like mad so every thing is ready and live in boxes till u do move. Other wise I dont see any harm at this point than possible util change fees.

 

[karan2405]

I have trip planned from 15th FEB till 10 March.So,I have to re-schedule it.
The new unit we like very much based on location and everything and we do not want to loose it.

The only think bother me is the lease end date which will be Feb end instead of Jan end and the cancellation charges(approx 300 USD)

 

[sandyclaus]

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

I am living in A community from last 2 years.This year I planned to changed the apartment unit in same A community.I reserved a apartment 12 and signed the lease.
My current apartment lease end on 31st JAN and new apartment lease start on 1st Feb.
On 12/29,I got call from leasing office that apartment 12 is not available from 1st of Feb and its available from 1st MAR.So,they asked me to continue staying in my current apartment for 1 more month.
I raised few concerns like,
I would like to complete my lease by 31st JAN due to restriction of my project extension.
I have planned my trip in mid of Feb to various state so I have to reschedule it and it will include cancellation fees.
I have reschedule all the utilities transfer which will consume time and effort.

The leasing consultants/manager didn't bother much and said we are sorry for all trouble.Here is your options:
1) We have different apartment available from 1st Feb .Take it.-I didn't like anyone of them due to location.
2) Stay in your apartment for 1 month and shift on 1st MAR.We will provide 150 USD(referral award) concession

I asked for few days to think and explore outside.They said we cannot hold apartment for you long and gave me 1 day.Now,in this holiday time and wintery weather and at last moment I have to again start my search or face the consequences.
What should I do?
Can I take some legal action?The problem is lease is having term that Landlord is not responsible for any delay and will not pay any damages occur due to delay.
Please advice.

So, let me get this straight. Your lease on your current unit in the complex is up on the 31st of January. You were scheduled to move to a different unit in the same complex on February 1st, but that move date has changed due to the unavailability of that specific unit until one month later on March 1st.

I honestly do not see this huge impact you are saying you will be experiencing that justifies the response you are coming up with. You are not moving to a different city or location, you are simply moving to a different unit WITHIN THE SAME COMPLEX. Your move is delayed for one month, during which you could remain in your current unit while waiting for the other unit to become available - and they have offered you a $150 concession for the inconvenience.

How exactly is your mid-February trip going to affect your move? Is it planned to take longer than two weeks? Is it possible to remain until mid-March in the existing unit in order to accommodate your extra vacation time?

 

[TheFormerTenAnt]

Not sure about legal advise but you could use the $150 for storage costs to put your stuff in storage, still take the trip and then move in after you get back from your trip.