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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My husbands rental lease apartment is up July 29

Customer Question

My husbands rental lease for his apartment is up July 29 2015. He went in to sign a new lease for 3 months to begin July 30. He wants to cancel that. No additional deposit was required. The manager of the complex told him that he can't cancel that new
contract. Is that true?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.
Yes, he signed a contract agreeing to 3 months, he is going to be liable for these 3 months.There is no statutory "right of recision" or cooling off period.(I am sorry).
Customer: replied 1 year ago.
?
Customer: replied 1 year ago.
Even though the contract hasnt started ?
Customer: replied 1 year ago.
Don't contracts have an effective date?
Expert:  CalAttorney2 replied 1 year ago.
Your husband entered into a contract. His liability started when he signed the lease (just as the apartment complex had a liability to keep the unit open for him to occupy it). No, most contracts are effective upon signing. Generally it is only complex contracts, or those with multiple parties (more than 2) that have "effective dates" written into them.
Customer: replied 1 year ago.
Well how do I find out if it has an effective date?
Expert:  CalAttorney2 replied 1 year ago.
It would be in the contract (it wouldn't be hidden, it would be a specific clause in the contract).Residential leases rarely have "effective dates" as they take effect upon signing by the parties.
Customer: replied 1 year ago.
I'm trying to send you a pic the website is not cooperating
Customer: replied 1 year ago.
There you go
Expert:  CalAttorney2 replied 1 year ago.
Your husband's lease is dated ("effective") April 29, 2015.
Customer: replied 1 year ago.
No really it says the date it was filled out
Customer: replied 1 year ago.
In section 3 it's says the lease contract begins
Customer: replied 1 year ago.
Is AZ different?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Review Legal Documents. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Image 1
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Please review these pages. If you need more pages let me know
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, your husband signed a CONTRACT in April. He became contractually obligated to perform his side of this contract at that time. Similarly, the apartment complex became obligated to provide him with an apartment unit at that time.Both parties' obligations to perform were future obligations - meaning their duty to perform was in the future, but the contract was already formed.Your husband can terminate the lease, and the landlord has an obligation to "mitigate" their damages - meaning they need to find new tenants and hopefully lease the unit out so that he isn't liable for the rent (they cannot collect rent from him and from another tenant at the same time), but he is contractually obligated NOW.
Customer: replied 1 year ago.
Is there a reason you are yelling at me by using caps?
Customer: replied 1 year ago.
Unprofessional
Expert:  CalAttorney2 replied 1 year ago.
I used caps to emphasize that there is no unambiguity here.This is not "yelling"
Customer: replied 1 year ago.
We differ on that
Customer: replied 1 year ago.
Is there a reason you are being argumentative? I will be providing feedback.
Customer: replied 1 year ago.
Education doesn't mean it's ok to talk down to others. This is a paid service
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,I explained to you five different ways in which your husband's lease was effective when he signed it. I used "caps" once to emphasize that there is no ambiguity here (this is a clear legal principal and there is no question in my mind regarding your husband's contractual obligation).I also gave you information on how the apartment complex should try to limit their liability - although Arizona is not as protective of tenants as other states are, so the mitigation angle is less effective than in other states, such as California.I am sorry that you feel differently, but I am trying to ensure that you get the information clearly and effectively - if there is a misunderstanding regarding your husband's legal position please let me know.
Customer: replied 1 year ago.
Thank you for your time.
Expert:  CalAttorney2 replied 1 year ago.
You are welcome, I do wish you both the best, ***** ***** am hopeful that the complex is able to lease the unit to another tenant in the meantime to limit your husband's liability under the lease.Best regards,Bill

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