Need help on what possession means in a rental lease?

When a rental lease for an apartment says possession as of a certain date, does that mean it must be ready or available even if it isnt ready? NY state real property law 223-a states it must be available by said date, or rent will be abated for 10 days and if not ready then tenants can get their deposit back. I was told I have had possession when I got the keys, I havent moved anything in, I had to clean the place, and there are repairs that needed to be done and it had fleas. Would that be considered him breaking the lease if it wasnt ready by the day on the lease or does possession mean just having the keys even if you cant move in?Need help on what possession means in a rental lease?
the day he gave you the keys - you took possession.


unless you had some other arrangement with the landlord then that is what is legally found to be taking possession.


At the point that he gave you the keys- the landlord thought it was acceptable as being ';ready';. If you disagree with this then you shouldn't move anything in yet- talk to the landlord and make it known that you don't find this acceptable to move into, maybe you can come to a agreement to amend the lease to change the date and payments. If you come to a verbal agreement then GET IT IN WRITING!


If you cant agree then either deal with the extra time taken for all the cleaning, or give the keys back and look for somewhere else to move to. Be aware of the time cause you are right about the 10 day rule, but if you keep those keys without reaching a agreement- even if you do not move your stuff in - you may still be legally bound by that lease.


this sounds like a typical slumlord - and this may be a sign of what's to come, so becareful, and make your decision quickly.