Landlord won’t turnover apartment to new tenant.
First, we suggest that Tenants get a signed copy of the lease (signed by you and the Landlord).
Second, there is a major difference between a Landlord not being able to turnover possession of an apartment, and a Landlord unjustifiably refusing to turnover possession of an apartment.
Landlord unable 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 bring an eviction 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/may not have legal recourse in such a case. The facts should be closely examined by you and your attorney.
Landlord unjustifiably refuses 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 someone else. You may have legal recourse in such a case.
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 not legal advice.
For real estate assistance call Bayview Estates Realty at (516) 777-0146.