QUESTION
How strong my case is against the management regarding breach of contract?
Asked on Mar 30th, 2016 on Landlord and Tenant Law - California
More details to this question:
I signed a lease to move in on the 30th of January 2016. Property/unit was not ready to move in on that date. Roommate and I have not moved in and has been almost 2 months while accruing more than $12,000 in hotel/accommodation expenses. The contract/lease was for a year. We believe the management is in the wrong for: 1) Signing a lease to a building/property that was not move in ready. 2) Breached the 1-year lease and 'evicting' us without any court/legal notice or wrong doing. We also have other tenants in the same situation.
2 ANSWERS
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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The landlords liability will depend in large part upon whether the terms of the lease address the landlords inability to timely provide possession of the leased premises. This language, if it exists, Will commonly appear in that portion of the lease addressing the "term" of the lease.
Answered on May 03rd, 2016 at 5:43 PM
You have an excellent cases against the owner [the management company might only be liable to you if it signed the lease and not the owner directly] for damages in the amount of a reasonable payment for rent elsewhere, moving expenses to go to the other residence, perhaps the difference between the cost of meals outside the hotel room minus the price you would have to pay to buy the food consumed, and other costs you incurred because you could not stay in the rental unit minus the rent you would have had to pay. That also assumes that you have acted reasonably in not looking for other accommodations because they kept promising you would be able to move in very soon. To get a cheaper attorney fee, if the owner will not settle with you, you probably want to see how many of the other tenants are willing to band together in a single suit.
Answered on May 03rd, 2016 at 5:43 PM