I was supposed to move into a house on the first but it was completely trashed by the last tenant. Knowing it wasn't the landlords fault I offered to hold back a week while they did some repairs only to find out the landlord expected me to move in with the house half finished... as in wall paper still falling down, the yard still a disaster and non-playable to children, etc. Right then I knew this was going to be a disaster. The landlord then told me they wanted to raise the deposit (even though we already had an agreement on contract). I offered to still move into the house but with out the deposit raise and with rent reduced just a fraction until the house was completely repaired. Who would pay full rent for a house that's half the quality?
All in all it became an ugly fight and I decided to can the entire idea and just look for a new place. Now the landlord thinks they have legal action to take. Even though all terms of the contract were broken from the get go being that the house wasn't available on the 1st as stated in the contract.
Should I be worried?
Answers & Comments
If you have the evidence to back up the story you gave here, you should be in good shape. The landlord made it clear to you that he had no intention of fulfilling his end of the deal without you agreeing to additional unjustified concessions.
The situation would be different if, for instance, the home was unlivable on the first, but the landlord clearly told you that it would be ready within a week, and it reasonably appeared the landlord could make good on the promise. In that case, you would not be justified in walking away from the lease. Contract law differentiates between a "minor" breach, and a "total" breach. Even though there is no bright line between the two, being a week late with the property would be a minor breach, which does not judtify you totally breaching in response. But in your case, the landlord clearly displayed an intention of never holding up his end of the bargain. I think a judge will definitely side with you if he believes your facts. In fact, if landlord tries to sue you, you sould countersue for the extra expense you had to incur as a result of the property not being ready on the date promised. Expenses could include the costs to store your belongings while looking for another place to live, and the extra expense incurred to stay in a hotel while looking for another property.
Too many landlords try to squeeze every day out of a contract. He should have allowed for a few days clean/repair between tenants. Back out of the deal. DO NOT move in. They did not present you with a livable place on the day agreed to. You have a breech of contract and may be able to sue him for damages. So, take photos, keep all your paperwork and if he files suit countersue him for damages.
If this is the foot your potential landlord wants to start on, I would not move in either. You had a contract, he changed the terms, which voids the original contract. You are not obligated to move into this place.
First, if you have a contract, the deposit cannot be raised unless you agree. On the flip side, you can't just walk away. You need to consult an attorney to make sure you have cause to get out of the lease.