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What does immediate vacant possession mean?

What exactly does "deliver possession" mean?

  • My roommate and I are having a disagreement. We signed the lease to an apartment last month. The landlord gave us the keys and even let us move in a week early with free rent. My roommate is now claiming that because of some minor repairs that haven't been completed, that the landlord did not "deliver possession" of the premises, and that he has ground to break the lease. I don't think that a broken shower knob means that the landlord did not "deliver possession". He gave us the keys at the lease signing and the apartment was in good condition. Who is right?

  • Answer:

    Your roommate is flat out wrong and needs some education. Simply handing over the keys is legally delivering possession. Possession has nothing to do with the condition of the unit. Someone could deliver possession to a condemned building if they gave you the keys. Minor repairs are not grounds to break a lease. Repairs need to be major health or safety issues before a tenant can break a lease. Even then you cannot just leave, it must be court ordered.

BennieBe... at Yahoo! Answers Visit the source

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Turning over the keys is generally considered "delivering possession". Seriously -- can't you just put the shower knob on yourselves and be done with it? Your roommate sounds a little ... well, obsessed.

The moment you took the keys you took "possession". You should have fully inspected the property prior to taking possession. Now, your best bet is to get the landlord to repair the knob. Best wishes and good luck.

Your roommate is incorrect. There are remedies for landlords that do not timely complete repairs, but they vary from state to state and usually need to be serious in nature (like invasive vermin, or failure to provide heat or water service). If the landlord let you move in early without extra charge, I would not be a jerk about a shower knob, which can be resolved with a $5 trip to the hardware store and the ability to use a screwdriver. How well do you know your roommate? This person is going to bail out on you, so tell him/her to find you an acceptable, financially sound roommate to take their place on the lease. Your landlord will probably allow you to change the person on the lease.

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