If we have a signed lease on a home with a specific move-in date but the landlord keeps putting the date out a couple days, can we exit the lease and a refund?

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If we have a signed lease on a home with a specific move-in date but the landlord keeps putting the date out a couple days, can we exit the lease and a refund?

Asked on August 7, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If it seems that the landlord is not going to let you have possession of the unit you rented in a timely manner after repeated delays to move in by you, you need to call and write the landlord stating a specific date for move in and if not given you will deem the lease void. Keep a copy of the letter for future use and need. If the desired move in date comes and goes without you being allowed in, then you should deem the lease void and move on.


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