Tenant broke lease agreement, now what

[ckmcclean]

My jurisdiction is: Washington USA

We signed a lease agreement to move in on Sept. 10th, paying a pro-rated month, a deposit and last month rent. The house is now not ready for move-in, still being remodeled, and we have asked for a refund of the pro-rated September rent so they can finish the house and then we move in for October 1st. The said no because they do not have the money avaliable to refund. Do we have any right to request a full refund and terminate this lease that was not honored?

 

[Gail_in_Georgia]

What does your lease say in regards to this matter?

Many leases have a clause that goes something like this: NON-DELIVERY OF POSSESSION: In the event Lessor (the landlord) cannot deliver possession of the premises to Lessee (you) upon the commencement of the lease term, through no fault of Lessor or its agents, then Lessor or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Lessor or its agents shall have thirty days in which to give possession, and if possession is tendered within such time, Lessee agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Lessor or its agents, then this Agreement and all rights hereunder shall terminate.

In other words, you should not owe rent during this time period but the landlord has some time to complete the work on the place. If completed within the 30 day limitation, the prorated rent should be applied to the October rent.

Gail

 

[ckmcclean]

What does your lease say in regards to this matter?

Many leases have a clause that goes something like this: NON-DELIVERY OF POSSESSION: In the event Lessor (the landlord) cannot deliver possession of the premises to Lessee (you) upon the commencement of the lease term, through no fault of Lessor or its agents, then Lessor or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Lessor or its agents shall have thirty days in which to give possession, and if possession is tendered within such time, Lessee agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Lessor or its agents, then this Agreement and all rights hereunder shall terminate.

In other words, you should not owe rent during this time period but the landlord has some time to complete the work on the place. If completed within the 30 day limitation, the prorated rent should be applied to the October rent.

Gail

Thank you for the reply.

The lease says:

POSSESSION. In the event Tenant fails to take possession on the date indicated below, Tenant agrees to pay rent for the number of days the Property remains vacant. If, through no fault of Lessor or Lessor's Broker, Lessor cannot deliver possession of the Property to Tenant on the date indicated below, Lessor shall not be liable to Tenant for damages.


I am not sure what that means "Lessor shall not be liable to Tenant for damages." What damages, we are not living there yet. My real questions is asking if we have the right to get back the first months rent back until we actually do move in? Or can we terminate this lease and end the lease legally?

Thank you for any help.