[RPPTL LandTen] Occupancy requirement

[Mike Davis]

I agree with Harry.  A lease is a contract and the L/T relationship is irrelevant.  As a matter of contract law once you have it fully executed and delivered, a contract is binding.  Where most landlords slip-up is "delivery".  If the landlord doesn't deliver a signed copy of the lease, than it is not binding until delivery.  A tenant withdrawal before delivery presents a problem that isn't relevant to your situation if the landlord delivered.

The tenant's refusal to honor the lease (contract) is an anticipatory breach and contract/damages law on anticipatory breaches applies.  The issue is damages and the landlord's duty to mitigate damages.  In this up market the rental may be able to be re-rented before the scheduled move-in or shortly thereafter, leading to no or minimal damages.  Commissions, admin expense, rent for time between move-in date and new tenant's move-in date, etc. may be the only damages.

Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
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mike at mgfdlaw.com
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-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, January 06, 2017 9:55 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Occupancy requirement

Occupancy has no relevance.

Harry

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-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Todd Allen
Sent: Thursday, January 05, 2017 9:31 PM
To: landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Occupancy requirement

Is anyone aware of a requirement that a residential tenant must take occupancy of the property before the lease can be effective?  Never encountered this defense before.

Seems to me that once the lease is signed it's effective, regardless of the tenant taking occupancy.
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