Arizona Landlord informs tenant that the parking included in the lease won't be available until August on move-in day, after collecting $3000 and handing over keys

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  • Man checking his smartphone while standing on a path in a sunny park with trees and grass.
  • Apartment gave me keys on move-in day then told me parking isn’t available until August — never entered unit, paid $3000, Arizona. What do I do?

    My lease includes a Parking Addendum giving me the right to park in the property lot for $125/month. The day before
  • move-in I received an official email from the apartment confirming parking as one of my charges. I also called on
  • move-in day and a staff member verbally confirmed my charges including parking. I showed up on move-in day,
  • went through the entire process, received my keys, and immediately asked about parking. Only then was I told the lot was full. I never entered
  • the unit, never took the elevator, never brought anything in. I spent two hours searching every parking app available
  • Man using smartphone outdoors, wearing glasses and looking down at screen in a park-like setting.
  • and found nothing practical within 40 minutes walking distance. When I called to escalate the manager had already left. When I called back
  • today I was told parking won't be available until August. I need my car for work. There is genuinely nowhere to park. I
  • cannot live there without it. I've paid roughly $3000 including deposit, fees and first month's rent. I never accepted or entered the premises.
  • The lease has a clause saying parking availability isn't guaranteed which is their likely defense. It also has no early termination clause.
  • My questions: 1. Do I have grounds to terminate without penalty given they breached the parking addendum first?
  • 2. Can I recover my $3000 given I never accepted the premises?
  • 3. Should I return the keys or hold onto them for now? 4. Is there anything I should or shouldn't do before speaking to a lawyer Monday? Located in Tempe Arizona.
  • Man in hoodie standing outdoors with red rock desert mountains and scenic landscape behind him.
  • Calling Community Legal Services Monday morning. Just want to know if I'm in a strong position and what to do this weekend while I wait. Thanks
  • Number-2-Sis Get it in writing that they won't provide parking until August. It seems this is a significant breach in the contract.
  • SplitEndsS Are they still charging you the 125/month until August?
  • urtseasame Forget what was told to you, what matters is what is in the contract that you are paying for. And if it is in the contract you signed and they charged you for it then you have a pretty good chance for breach of contract

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