Landlord failed to give me full possession of property I am renting for 3 mos!?
June 9th, 2011 | 
Author: I rented a house in NY in mid February. The landlords mother was residing in the house upon lease signing. I asked the attorney what should we do if we are not compensated a set amount per month if the mother is in the house. He told us and the landlord that we are entitled to full use of the premises and that the landlord would have to remove her mother immed. Within days we were not compensated for the mother being there. The landlord was notified…her mother did not have funds to move and wasn’t cooperating. For 3 months the mother did not move out of the property while I was paying the landlord 3k a month in rent plus covering for utilities gas, electric, water etc…After I continuously put pressure on them to do something the mother moved after the 3rd month was over in mid may. Now the landlord who had cable in her name during the time only when her mother was there expects me to foot the bill for the cable, has made no amends for her mother in the property and I am left holding the bag. This month I gave her partial rent and she served me papers…My attorney says she failed to give me possession at the start of the lease because her mother was still living in the property and we have paid her over 9k for 3 months of rent 1700 this month and 2k security. According to the lease if the landlord cannot give possession the lease does not start until she can, making rent due then. The lease should start when her mother moved out and we had full use of the property and I want all payments credited to then meaning she would owe us money….my attorney says this is legally sound what do you think or know….thanks!
…at the lease signing the issue of her mother was discussed and the attorney stated that if for any reason there was no compensation for the mother being there she would have to move her immed. 3 months was hardly immediately and because her mother was there I was not able to fully use or enjoy use of the house for a variety of reasons…
Posted in Landlord Tenant Law
You got an expert opinion, but you want to know what the yahoos here think?!
Ask the attorney what should be your next move. Then, do it.
Your attorney is missing one little detail. You took possession of the house with the mother still present. If you show up in court having to admit that you took possession willingly with Mom still present, your case will be seriously weakened. The time to insist that mother be out was before YOU moved in.
You will be fighting this out in court. I think the landlord will win. You DID take possession, and taking possession with the mother there assumes that this was acceptable. You can try arguing your case, but you can’t use the argument of no possession, possession was given, you lived in the house. If you were able and willing to live there your argument carries little weight. If you had not moved in it would have been a different story.