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Is my lease breached?

I’m 19 years old and I just got a new apartment and according to my lease my move in date was supposed to be February 14th 2020. I waited a few days before the 14th because I assumed someone would contact me before then so I know where and what time to meet them to get the keys to my apartment but no one ever reached out to me. On the 14th I called the managers phone but it was out of service and then I call the company’s number but no one answered. Yesterday (the 15th) at 8pm I received a text from the manager saying that he noticed I didn’t get my keys and that he was out of town for a week and he assumed one of his coworkers would give me the keys. After that he said that he’ll meet me today February 16th 2020 to give me the keys to my apartment but I was told by someone else that the lease is now breached/invalid. I even asked him if I needed to sign a new lease and he said no.

11 Answers

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  • 1 month ago

    If the lease is breached, then you didn't breach it- maybe the manager did.  But it's only 2 days. At most you could get a reduction in rent for 2 days.

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  • 1 month ago

    You should have shown up to move in ON your move in date.  Someone would have been there to give you the keys.  However, no, your lease is not breached.  Do what you were told to do.  Just because you didn't move in on the 14th - makes no difference to them.  Move in when it is convenient for you.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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  • 1 month ago

    You didn't arrange to collect the keys; this was your responsibility.

    The lease hasn't been breached. The rent and property became your responsibility on the 14th, irrelevant of whether you moved in or not.

    • SimplytheFACTS
      Lv 7
      1 month agoReport

      HEY ACE, OP TRIED TO MAKE ARRANGEMENTS, not his fault LL was not reachable

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  • 1 month ago

    no it is not invalid, you are owed a refund for the days you didn't have access and can choose to sue for any expenses you incurred due to the delay, but you don't get out of the lease.

    but this sounds fishy.  make sure you weren't scammed and they can legally rent you the apartment.

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  • DEBS
    Lv 7
    1 month ago

    Do you want the place? Then go work it out. That means you get the keys and you move in. If you want to fight over 2 days of rent, then bring that up with him. He either gives you a discount or you adjust the start/end date of the lease.

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  • 1 month ago

    Forget what "someone else" said. Kinda sounds to me like they were just trying to blow you off and have no idea. Anyhow, if you have paid the rent and have a lease, then you can move in whenever you want (and can get the keys) after the move-in date. The fact that the landlord seems fine with everything, its just a matter of when to meet them, makes it sound like everything is all fine.

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  • 1 month ago

    Lease is perfectly valid if you accept the keys and the place.

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  • Lolly
    Lv 7
    1 month ago

    I notice they didn't say HOW the lease was breached by not getting the keys. You would have to read what it says about picking up keys. How is it your fault THEY dropped the ball? 

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  • Anonymous
    1 month ago

    No the lease is not breached but you should ask to be reimbursed for the days you could not get in.

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  • Tavy
    Lv 7
    1 month ago

    Why would it be breached ? There was a mix up over the keys, that is not illegal.

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