Re: Should I lawyer up? - Saab General Bulletin Board - Saabnet.com
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Re: Should I lawyer up?
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Posted by Ari2 [Email] (more from Ari2) on Fri, 6 Jan 2012 23:53:08 Share Post by Email
In Reply to: Should I lawyer up?, Noel, Fri, 6 Jan 2012 17:09:00
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Leases typically have a clause that tell you exactly what the remedy is if the place is not available on time (which happens more often than you might think; usually, the prior tenant has to move out on time for the place to be available to the new tenant on time.)

Commonly, for residential leases, the agreement will say that if the landlord is unable to deliver possession, the tenant is relieved from the obligation to pay rent for the time possession cannot be provided; and if possession cannot be provided for some number of days (10 or 15 is not unusual) from the date promised, the tenant can cancel the agreement and get their deposit back. Your daughter was offered, and has accepted, substitute accommodations in the landlord's hotel. Having accepted those accommodations, she is probably not entitled to also not pay rent for the days she's staying in the hotel. (In essence, she'd then be staying for free.) Unless the lease says otherwise, she has/had the option of refusing to accept the substitute accommodations, and being relieved from her obligation to pay rent.



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