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Apartment wasn't available.

Posted by Lynn Barnes on November 01, 2000 at 07:19:00:

I rented an apartment (not rent stabilized or controlled) for my son to live in in New York City the lease beginning on August 15, 2000.

The tenant in the apartment refused to move out and my son needed a place to stay as school was starting.

Landlord put him up temporarily in another apartment beginning Sept. 1, 2000. Landlord called on September 14 informing my son the apartment would be ready Sept. 15 even though the floors were being refinished that same afternoon. I informed landlord that 24 hrs. notice to move was inadequate, that the apartment would not be habitable due to fumes from the floor and we would be moving on in on Sept. 23.

They are now trying to charge us rent back to August 15 on an apartment that was not even available until Sept. 23.

The rental agent told me that there would be no charge for the temporary apartment and out of gratitude I did not charge them for the additional incurred expenses in moving twice.

Landlord has also not returned out signed lease.

Do I owe them back to Aug. 15 on an apartment I couldn't live in?

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