Lease cancel

Is a lease binding if it has not been signed by all parties listed on said lease?

[judg4]

It is binding if you signed and gave it back to the landlord.

What actually happened?

We moved to TX and I signed a lease which listed my husband and myself as tenants. Things didn't work out so we had to move to another state before my husband had a chance to sign and they are unwilling to let us out of the lease.

[msgny]

Review your lease and see if it has any terms that may support you and in any case ask the landlord to work something out--many will do something for you in medical situations or other emergencies...if there are any problems you could try to point those out as reasons for leaving as well; finally most landlords actually will not sue for the amounts owing after a broken lease, though they may try to report it to your credit agency; you are only liable until they re-rent it in any case so if you can find someone to take it, that may also help...

hello i just signed a lease for 6 months paying 3 months cash
i live in the place since 5 days and some elements make me want to leave this place.
is there any escape???

You can re-rent it perhaps, or you'll need to have very good reasons that justify breaking the lease if it is uninhabitable for you.

What elements make you want to terminate your lease?

If it's crime in the area, you can't terminate for that. The LL is not responsible for crime in the area unless he's the one doing the crime or it's in his building and he does absolutely nothing to stop or deter it.

If it's repairs or an uninhabitability issue, you need to send a written request for repairs to the LL by certified mail and keep a copy. Some states allow a LL up to 30 days to make these repairs unless they are an emergency. If he does nothing about the needed repairs in that time, post back here with your state and we can tell you if you have a right to terminate.

You need to be much more specific than "some elements"!

[HamptonRds]

What if you cancel moving in 4 days before the lease starts? what's normal as the 'penalty'?

Once the lease is signed, it does not matter if you haven't officially moved in yet. You have already signed and obligated yourself through the contract. If the contract has never been signed and you have not taken possession, you can cancel.

But if I understand you through your other post HamptonRd, you had already indicated a verbal agreement, have taken possession, and started painting your unit prior to moving in. Having done that, you would be considered a month to month tenant, even though the lease hadn't been signed. You would have to give the appropriate amount of notice to terminate as required by your state law. Had you not signed (which you didn't), not taken possesion (which you did), and started altering the unit to your needs (which you have), you could have cancelled. But once you have paid and taken possession and started alterations, you indicate a month to month agreement.

[HamptonRds]

I'm sorry for my miscommunication. We had signed the lease and we are supposed to start the term tomorrow. We gave our 30 day notice in writing. We aren't moving in. We are finishing the painting.

I think I was hosed by the wording in the lease which states the penalty for early termination is a month's rent "in addition to their final month's rent".

I interpreted it as though: if we lived there, it makes sure we would pay our last month obligation without assuming the 'penalty' paid it. I thought it was just to make sure the tenants don't put in 30 day notice, pay a month's rent and call it done...forgetting that the last 30 days they live there that rent is still due - in this case the penalty is one month's rent.

It kinda stinks not living there so that the first and last month are the same and the one month penalty makes it 2 months rents we're paying for not living there. I was hoping we would find that it is only 1 month rent due AS the penalty.

I dunno. I'm wiped out from the whole thing.

Thank you again.