Rental Basics in Orlando>Question Details

Hector Lebron, Renter in Orlando, FL

Can a landlord deny occupancy after the lease has been executed and deposits paid? Landlord stated she didn't want me moving in at walk through.

Asked by Hector Lebron, Orlando, FL Sat Dec 1, 2012

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Sylvia Paul’s answer
Yes they can if you are requesting to move in ahead of the 'start' date as specified in the lease. Once signed by both parties the terms of the lease are binding on both parties, including the first date of occupancy. It is quite normal for one to be asked to pay a deposit or even the first month's rent prior to your start date. It secures your interest in the property otherwise the landlord or property manager will likely just move on to the next applicant. If you are within your dates of occupany as specified in the lease, you might need to talk with an attorney. Don't know the specific circumstances but I hope this helps. Good luck to you.

Sylvia Paul
Realty Center
(407) 864-3139
sylvia@sylviapaulrocks.com
1 vote Thank Flag Link Sun Dec 2, 2012
BEST ANSWER
If the lease has been signed by both parties and the Landlord has accepted payment then I do not believe they can legally invalidate the lease. I would not waste time on Trulia, I would speak to a local attorney and or contact your county housing department and ask them.

Personally I would not want to move into a place where the landlord started off in this manner. I would have concerns that they may be either bi-polar or simply irrational and unpredictable. I would also have concerns about their making me miserable while I was there and giving me a hard time when I was leaving. That said I would tell them flat out we have a signed contract, if you don't want me moving in that's your prerogative however I'm perfectly willing to have my attorney contact you and to enforce our signed lease unless your prepared to pay me to break the lease. I would want twice what I gave them and I would want it immediately.
0 votes Thank Flag Link Sun Dec 2, 2012
Move in date or start of lease date is specified on the contract. Walk Through appointment is just to show you the condition of the property and get signed that things are the way they should be. Actual start of lease is when you get the keys.
0 votes Thank Flag Link Sun Dec 2, 2012
she did not want you moving at all ? or not until the agreed lease start date ?
0 votes Thank Flag Link Sun Dec 2, 2012
Lease specified move in date of 12/1. Walk through and transfer of keys was scheduled for 11/30. She refused on 11/30. Utilities were already tranferred on 11/30, boxes were ready, etc.
Flag Sun Dec 2, 2012
I would talk with a Real Estate Lawyer Monday to help you with this.

Good Luck,
Jon

Jon Schaffer, Property Manager/Realtor
All County Sterling Property Management

Office: 407-674-5601 Ext. 5 Fax: 407-674-5631
E-mail: jschaffer@allcountysterling.com
http://www.allcountysterling.com

"The finest compliment I can receive is a referral"
0 votes Thank Flag Link Sun Dec 2, 2012
No he can not, if he does that you may use police power, that means call the local police department and ask them to request the keys and file a police report.
After this if he still says no to you, may may hire an attorney and sue him for full amount, triple damages and descrimination.
Good luck
0 votes Thank Flag Link Sun Dec 2, 2012
Hector,
If you have a lease signed by the owner I think you have a case. A lease is a contract and if signed by both parties should be binding on both parties. I would encourage you to talk to an attorney; many will give you a free initial consultation.
While you might not want to be somewhere you are not welcome, you also don't want to be treated unfairly. Depending on the reason given, you may have suffered some form of discrimination.
0 votes Thank Flag Link Sat Dec 1, 2012
Well depends if the key was given to you or not, Besides you don't want to be moving in to a home not feeling welcomed not worth the headache just ask for the deposit back and wish them the best and good luck.
0 votes Thank Flag Link Sat Dec 1, 2012
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