NEW BUILDINGS ARE OFTEN NOT READY

ON THE LEASE START DATE

The most common problems with new apartment buildings are:

• You can't move in when the lease starts because construction is not completed
• Once you move in, the place still isn't ready
• Once the building is done, the apartment is not what you expected

YOU CAN'T MOVE IN

If construction is not completed, where will you live?   Don't assume the delay will be just a few days.  It could be weeks.  With some new buildings the delay has been for months.

Did you agree in the lease that the landlord will not be liable for failure to deliver possession?   That means you have no rights when the place isn't ready and usually, includes an agreement that holds you to the lease until it is ready.   You'll have no place to live but will not be able to sign a lease somewhere else.   Tenants in this situation end up paying hotel costs out of their own pockets. 

Some landlords ask tenants to sign a lease addendum that spells out what happens if the place is not ready on time.  Are the terms fair to you?   Even if the addendum promises you the landlord will pay for a hotel room, consider these problems other tenants have faced:

• You must pay rent while living in the hotel.  The rent amount is what you agreed to pay for a living room, kitchen, one bedroom for each of you and a washer/dryer in the apartment.  But, what you get at the hotel is one bedroom to share with your roommate, no living room, no kitchen, so you have to spend a lot of money eating out and no washer/dryer so you have to pay to use coin-operated machines in the hotel or at a laundromat.

• Hotels are booked a year in advance for  Homecoming and Dad's Day weekends.  In the past, some tenants have had to move out of their hotel rooms before their apartments were ready and had no place to stay over those weekends.

• The hotel might not be anywhere near the apartment building.

THE PLACE STILL ISN'T "READY" EVEN AFTER YOU MOVE IN

These are real problems that tenants have reported after moving into brand new buildings:

• No mail delivery for the first 3 weeks because mailboxes were not yet installed
• No screens or air conditioning for the first month
• No cable television or internet service for the first 2 months
• Swimming pool and fitness center not provided for the first 10 months
• Security system not installed until a year after the first tenants moved in
• No hot water for the first 3 days
• Washer/dryer not provided for the first 3 months
• Open holes in walls around pipes for plumbing
• Construction work continues with jack-hammering starting at 7:00 a.m. every morning
• Paint, putty and glue on floor, carpets and new appliances
• Dirt and dust everywhere
• No blinds for windows and some furniture not yet provided

THE APARTMENT IS NOT WHAT YOU EXPECTED

Does your lease even describe what you are supposed to get when the construction is completed?   If the lease does not list the appliances and furnishings, does not even mention amenities such as a pool or fitness room, or does not state the dimensions or square footage of each room, you'll have no basis for complaining about anything you thought was "promised" not being provided.

Some comments from tenants after moving into a new building:

• The living room is so small there's no place to put the TV and the sofa is just a love seat because the wall isn't long enough for a 6 foot sofa.

• The bedrooms are much smaller than shown on the blueprint.

• It's a brand new building but there's mold on the wall in one of the bedrooms.

• They promised amenities that they're telling us now they won't provide.

It's risky to sign a lease for a place that does not yet exist.  If you want to sign a lease for a place that is under construction, visit the Tenant Union before you sign anything to discuss how to address some of these problems.

The Tenant Union does not provide legal services of any kind. All information provided in this publication is intended to help the average person prevent problems and deal with common concerns of renting. When legal help is needed, always consult with an attorney at law.

This page was last updated on  7/2/07