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VTgrizz85 t1_j1ur76o wrote

If the person doesn't leave, the unfortunate reality is that you have no legal claim to the rental as you never officially took possession. It would be on the landlord to get them out.

You might have a claim against the landlord for failing to provide the product (apartment) in the contract (lease), but that would probably also have to go to court. You would most likely lose if you accept the deposit back.

Work on a backup plan as both could take months to resolve.

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ihaveatrophywife t1_j1vgq5h wrote

The lease is a contract with a start date so that is a claim to the place. Reach out to a housing or contract lawyer (there are free services in the state) and explain the situation. The current tenant has a move out date. If they have made it clear that they are not leaving at that date the landlord should be preparing to evict. That’s not your place but you should speak to the landlord to make sure they are going to deal with it. As soon as there was an executed lease, you are under contract. I don’t think you’ll be legally obligated to pay rent to keep the contract valid but an attorney can explain everything.

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Vermontess t1_j1vpntl wrote

Most residential leases contain a clause terminating the contract if you are unable to assume occupancy. Landlord should then return any rent and security deposits

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