The landlord has not yet delivered me the keys of the apartment. What can I do in such situation?
Full Question:
I am resident of Nassau. Last month I a rented an apartment for immediate possession. However, the landlord has not yet delivered me the keys of the apartment. What can I do in such situation?
12/22/2016 |
Category: Landlord Tenant |
State: New York |
#28595
Answer:
In the absence of an express provision to the contrary, there shall be implied in every lease of real property a condition that the lessor will deliver possession at the beginning of the term. In the event of breach of such implied condition the lessee shall have the right to rescind the lease and to recover the consideration paid. Such right shall not be deemed inconsistent with any right of action he may have to recover damages.
In the case at hand, upon landlord’s failure to deliver possession and absent any express provision regarding delivery of possession, a tenant may rescind the lease and recover consideration paid, if any from the landlord.
