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

is the lease voided

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Old Nov 9th, 2007, 07:08 PM     #1
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Confused is the lease voided

I signed a lease on the first of november, wrote a post-dated check to secure the place... Decided not to move in, told the landlord not to deposit check. Landlord tried to deposit anyway, stopped payment on check. Am I responsible for a year lease if deposit was never cleared? Please help!
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Old Nov 10th, 2007, 01:17 PM     #2
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Default Re: is the lease voided

I have no good news, sorry. The answer is yes, you are responsible. The lease becomes valid once you sign it, not once your deposit clears. There is no law allowing you to rescind your signature on a legal contract for a residence (commercial property rentals may be different-they are governed by the contract). You have signed and agreed to rent the residence. If you back out now, you will owe rent until it is re-rented, advertising costs, utilities you would have been responsible for, agent or realtor fees (if they are paid a commission to find a tenant), the credit check fee (if you didn't pay for it through an application fee), and legal costs if he has to take you to court. Also, since you stopped payment on the check, you will owe non-sufficient fund fees for the bounced check.

I suggest you speak to the LL and try to come to an agreement. You may be able to get out of the lease by paying a lease break fee. If not, expect to go to small claims court since the LL will seek a judgment against you for these fees. If you go to court, this will affect your credit for years. Please carefully consider contracts before you sign them.
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