Tag: breach of contract

Landlord Won’t Let Me Move Into My Apartment

On July 25, 2013, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Illegal Lockout

I signed the lease and made the required rental payment, but the Landlord won’t let me move into my apartment.

We have seen this scenario before.

First, you should ALWAYS get a signed copy of the lease (signed by you and the Landlord).

Second, there is a major difference between not being able to turnover possession of an apartment, and unjustifiably refusing to turnover possession of an apartment.

Not being able to turnover possession of an apartment

This commonly occurs when an existing tenant fails to vacate the apartment at the expiration of their lease. The Landlord is then forced to bring a “holdover” action against the existing tenant. Thus, your entry into your new apartment is delayed. Most leases contain a clause which states something like:  “The failure of Landlord to give Tenant possession of the Unit on the Commencement Date shall not create liability for Landlord.” You may not have any legal recourse in such a case.  However, the facts should be closely examined by you and an attorney (if necessary).

Unjustifiably refusing to turnover possession of an apartment

This sometimes happens when a Landlord finds someone willing to pay a higher rental amount after already having signed a lease with you. Under these circumstances, the Landlord would likely be in breach of contract for unjustifiably refusing to place you in possession of the apartment.

Legal Advice

You may want to contact an attorney for legal advice if you are in a situation where a landlord has refused to turnover possession of an apartment to you.  This is not legal advice.

New York Landlord Tenant Attorney

The Law Firm of Vaughn, Weber & Prakope, PLLC, can be reached at (516) 858-2620.

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Seller Can Continue to Show House

On September 2, 2012, in Litigation, Real Estate, by Robbie L. Vaughn, Esq.

Seller Can Continue to Show House

Is it correct that the seller can continue to show house, after the buyer signs the real estate sales contract?

Yes!

This question comes up rather often. Typically, the scenario plays out like this: the buyer signs the contract first and returns it to the seller for his/her signature. The seller holds the contract, does not sign it, and continues to show the property. There really isn’t much the buyer can do to prohibit the showings. The buyer can threaten to revoke the offer to purchase if the seller does not sign the contract in a timely manner. Of course, a “fully executed” (signed by buyer and seller) contract gives the buyer some recourse. However, a seller continuing to show their home after signing a sales contract may not be considered breach or anticipatory breach of contract.  But the buyer may want to take some action to enforce the real estate sales contract. Your attorney will be in the best position to advise you in this situation.

Long Island Real Estate Attorneys

If you need legal representation or have any questions about this or other legal issues, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today to speak to an Attorney.

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