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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6 Reasons You May Need the Help of Tenant Attorneys

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Q&A: Allowing Seller to Remain in Home After Closing

On November 12, 2010, in Real Estate, by Robbie L. Vaughn, Esq.

Should a buyer allow a seller to remain in the home after the closing?

Usually not a good idea.

The parties enter into what is known as a “Holdover agreement” or “Post-closing possession agreement.” We don’t normally recommend these agreements, but they are sometimes necessary.  Hopefully, the following will provide you with some insight as to why these agreements are not normally recommended by our firm:

The good

  • The deal gets done sooner rather than later.
  • The buyer leaves a hefty sum in escrow to cover “rent” and property damage.

The bad

  • The seller needs more time to move or refuses to leave as scheduled.
  • The escrow money is not enough.

The ugly

  • The seller causes serious damage to the property.
  • Legal action is required to recover possession of the premises.
  • Legal action is required to resolve a dispute over the escrow funds.

Please visit our Real Estate category to Learn more about real estate.

As always, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY.  Contact us at (516) 858-2620 to speak with a real estate attorney.


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