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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Can I Get Out?

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Old Jun 27th, 2008, 12:35 PM     #1
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Unhappy Can I Get Out?

I signed a lease with a management company on June 11th. I asked for a copy of the lease that day, and was told that I could not receive a copy until after it had been completely signed by the corporate offices and the agent’s boss (who was not present at the time I signed the lease). I was told that it wouldn’t be sent until “closer to my lease start date” (which is July 1st). Two days later, I received news that changed my financial situation, and I immediately contacted the management company, asking them to void the lease. I also gave them written notice of my intent to do so. I was told that my lease had already been sent to corporate offices, so I couldn’t work directly with them to “void the lease”, but rather, the agent’s boss would work with the company.

The company has been hard to get a hold of, and many of my phone calls/emails have not been returned. The only monies I have give the company is $50 for my application fee. No security deposit or first month’s rent was given. I probably need a copy of the lease (which I was denied when I signed it) to know what my rights are here, but is there any way that I can get out of this?
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Old Jun 27th, 2008, 11:24 PM     #2
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Default Re: Can I Get Out?

If you signed that lease on June 11th, it was probably sent to the head office that same day. No doubt they signed it within 2-3 days. (Management companies don't waste time getting these signed to get new tenants in. They drag their feet on letting people out, but never on getting them in!) Since you signed the lease, it is a done deal. You have a legal contract. The fact that your financial situation has changed doesn't change your legal contract. It also doesn't matter that the lease wasn't scheduled to start until July 1. Demand a copy of this lease in writing immediately.

You need to contact the management company about terminating. You gave notice of this in writing. Quit calling and e-mailing. Those methods of communication will not be provable in court later if you need to show atttempts to contact. Communicate only in writing. Send it by certified, return reciept requested if need be to show they got it. But stop phoning and e-mailing. They can ignore those.

You will probably owe at least one month of rent since you must give 30 days notice to terminate in most places. You will owe advertising fees so they can find a new tenant. You may owe agent fees if they use one to find a tenant. In some states, you could owe the utilities if your lease made you responsible for those. If you are in one of 12 states whose laws say the LL has no obligation to find a new tenant, you may owe the entire lease instead of just rent until the unit is re-rented. Please post your state. If that is the case, your best step would be to negotiate a termination fee of one to two months rent in exchange for a letter allowing you out of the obligtions under the lease. Otherwise, you may find yourself sued later for failure of this obligation.
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