I'm having an issue with a landlord for my sister-in-law. They signed the lease June 1st for 6 months. The lease says 6-1-2011 to 12-1-2011. But the landlord won't let her move in until they "clean" the property. My sister-in-law was ok until she got a call last night (they agreed that she'd move in Friday June 3rd) from the landlord stating she gave the wrong key to the cleaning lady and she won't be able to move in until Saturday June 4th. I've found two things in the Oklahoma Landlord and Tenant Acts that might be relevant for this case. She was given the key to the house but was told she can't move in yet.

Can a landlord's lease supersede a State Landlord/Tenant act?

SECTION 120. Failure of landlord to deliver possession of dwelling unit to tenant

1. If the landlord fails to deliver possession of the dwelling unit to the tenant, rent abates until possession is delivered and the tenant may terminate the rental agreement by giving a written notice of such termination to the landlord, whereupon the landlord shall return all prepaid rent and deposit, or the tenant may, at his option, demand performance of the rental agreement by the landlord and maintain an action for pos, session of the dwelling unit against any person wrongfully in possession and recover the actual damages sustained by him.
2. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than twice the monthly rental as specified in the rental agreement, computed and prorated on a daily basis, for each month, or portion thereof, that said person wrongfully remains in possession.

SECTION 123. Wrongful removal or exclusion from dwelling unit
If a landlord wrongfully removes or excludes a tenant from possession of a dwelling unit, the tenant may recover possession by a proceeding brought in a court of competent jurisdiction, or terminate the rental agreement after giving notice of such intention to the landlord, and in either case recover an amount not more than twice the average monthly rental, or twice his actual damages, whichever is greater. If the rental agreement is terminated, the landlord shall return all deposits recoverable under Section 115 of this act and all prepaid and unearned rent.

As your non-attorney, I'm going to advise you to post pics of your sister-in-law immediately.

To the rest of OT, I'm going to strongly advise that you provide absolutely no helpful information until said pics are posted.

If your sister-in-law would have just blown the landlord she wouldn't be sleeping in the U-haul truck tonight.

It's the out of placeness that makes it imo

 

Originally Posted by Niceguy

It's the out of placeness that makes it imo

a slippery slope, speaking from extensive experience

Assuming it's not a major inconvenience for your sister-in-law to not be in her place yet, I'd ask the landlord to pro-rate the rent.

LOL at the people in this thread that have apparently never had a shitty landlord... "don't do anything silly like exercise your contracted rights! it might make your landlord mad!". If he gets mad over you doing what it expressly states you may in your contract, then he's a shitty landlord. Chances are he is anyway if he has you signing for June 1st but asks you to wait a few days to move in, without offering to prorate rent or change the lease. Don't be a dick about it, but tell him in a courteous and professional manner that seeing as how the initial agreement was for the 1st, then 3rd, now the 4th, that it has been an extreme inconvenience and you would either like to be provided funding for a stay at a hotel until the house is ready, if your sister is out of a place to stay, and if it's just an inconvenience but she's not out, then that she will not be paying rent for the days not staying there (obviously). If he's not a complete asshat, and you're not a dick about it, he should be more than willing to figure something out--likely, having his shit ready right the fuck now as per the contract. Lack of enforcement here could lead to further failure to comply with the contract in the future, and in some cases if you don't enforce a contract, then it can become null.

 

Originally Posted by digthatfunk

LOL at the people in this thread that have apparently never had a shitty landlord... "don't do anything silly like exercise your contracted rights! it might make your landlord mad!". If he gets mad over you doing what it expressly states you may in your contract, then he's a shitty landlord. Chances are he is anyway if he has you signing for June 1st but asks you to wait a few days to move in, without offering to prorate rent or change the lease. Don't be a dick about it, but tell him in a courteous and professional manner that seeing as how the initial agreement was for the 1st, then 3rd, now the 4th, that it has been an extreme inconvenience and you would either like to be provided funding for a stay at a hotel until the house is ready, if your sister is out of a place to stay, and if it's just an inconvenience but she's not out, then that she will not be paying rent for the days not staying there (obviously). If he's not a complete asshat, and you're not a dick about it, he should be more than willing to figure something out--likely, having his shit ready right the fuck now as per the contract. Lack of enforcement here could lead to further failure to comply with the contract in the future, and in some cases if you don't enforce a contract, then it can become null.

 

Originally Posted by sinatra22

lmao.

 

Originally Posted by Popperhead

Tenants have way more pull than landlords...

aaaaaah, what now?

 

Originally Posted by slaps825

What a stupid landlord. Why not just prorate rent for the month of June. 27/30th of a month is not difficult to figure out. Additionally, I do not know why the landlord wouldn't be more accommodating as she is now losing rent money for the month of June and still has to find a tenant to fill the vacancy for the six months she would have received rent. The tenant should and usually does have most of the leverage in these situations.

As the OP said, she was probably so fucking sure she was right that she "put her foot down"; then when she actually talked to someone who knows whats up they were prob all "STFU GTFO Bish you're dumb" and it was too late to go back, lest she look like the dumbass she is. I've had a couple slumlords at college and they are true pieces of shit