My out-of-state relocation to Brooklyn, NY is suffering from complications due to a delayed Certificate of Occupancy. What should I do? More details below the cut.
posted by unhappyprofessor to Law & Government (10 answers total) 1 user marked this as a favorite
I'm in the process of an out-of-state relocation (for work) to Brooklyn, NY. I am currently in temporary housing (provided by my new employer) and my possessions are in storage.
In November, I signed a lease, starting January 15, for an apartment on the top floor of a new construction building. After I signed the lease, which included the rider below, the building manager notified me that they do not yet have a Certificate of Occupancy for the top floor. He hopes this will be resolved by January 15; however, it is looking less and less likely. My temporary housing relocation support ends on January 31 and my storage on January 15.
In the event that the building does not obtain the Certificate of Occupancy in time, the building manager has said I can move my possessions into the apartment, but would have to "camp" in another apartment (on a floor for which they do have a Certificate of Occupancy) until the situation is resolved. If I do this, I would pay rent starting on January 15. I am not sure if I will have any access to my possessions. I am also unsure of what I would use as furniture (e.g., a bed) during this period, or whether I can get internet service since I will not have a lease for this alternative apartment and will be residing there for an unknown period of time (I regularly work from home, and need an internet connection to do so).
My questions are:
1) Has anyone else experienced a situation like this?
2) Does anyone have suggestions for what I should do? For example, should I see if my employer will extend my temporary housing and storage? Or should I do as the building manager suggests?
3) If the general consensus is "find a Brooklyn real estate lawyer," does anyone have recommendations?
Delay in Giving Possession
This paragraph replaces paragraph 6 of this Lease. A situation could arise which might prevent Owner from letting Tenant move into the Apartment on the beginning date set in this Lease. If this happens from reasons beyond Owner's reasonable control, Owner will not be responsible for Tenant's damages or expenses and this Lease will remain in effect. Tenant understands that this Building is being newly constructed and that there may be a delay in the completion of construction, the issuance of a temporary or permanent certificate of occupancy, or in scheduling access to the service elevator required before Tenant may obtain possession of the Apartment. Tenant agrees that these are examples of delays beyond Owner's reasonable control. However, in case of a delay, this Lease will start on the date when Owner is able to allow Tenant to move in. Tenant will not have to pay rent until the move-in date which Owner will give Tenant by written notice at least fourteen days in advance, or the date Tenant moves in, whichever is earlier. If Owner is not able to allow Tenant to move in until a day in a later calendar month, the ending date in Article 2 will be changed to the last day of the calendar month after Tenant is able to take possession plus the whole number of years of the original term without regard to any days which are only part of the initial month, except that if Tenant is not able to move in until a day in a later calendar month than the first day of that month, then the term will end on the day before plus the whole number of years of the original term without regard to any days which are only part of the initial month (For example, (a) if the beginning date in paragraph 2 is August 15, 2013 and the ending date is August 31, 2014 and the Owner is not able to allow Tenant to take possession until August 28, 2013 the ending date would remain unchanged at August 31, 2014; (b) if the beginning date in paragraph 2 is August 15, 2013 and the ending date in paragraph 2 is August 31, 2014, and the Owner is not able to allow Tenant to take possession until September 3, 2013, the ending date would be September 30, 2014; (c) if the beginning date in paragraph 2 is August 15, 2013, and the ending date in paragraph 2 is August 31, 2014, and the Owner is not able to allow Tenant to take possession until October 1, 2013, the ending date would be September 30, 2014. If Owner does not give Tenant written notice of the move-in date that is within 45 days of the beginning date of the term of the Lease as stated in Article 2, Tenant may tell Owner in writing that Owner has 15 additional days to let Tenant move in, or else the Lease will end. If Owner does not allow Tenant to move in within those additional 15 days, then the Lease is ended. Any money paid by Tenant on account of this Lease will then be refunded promptly by Owner.