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Tina
Tina, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33166
Experience:  17 years legal experience including landlord/tenant law.
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I signed an apartment lease on Friday morning and notified

Customer Question

I signed an apartment lease on Friday morning and notified the landlord the next Monday morning that I wanted to cancel/terminate the lease. The lease begins in about 3 months and no money has been exchanged for deposit/first month's rent. Relooking at the lease there is not an addendum regarding lease termination, and I initialed acknowledging that it was not included. Am I able to break the lease?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Tina replied 1 year ago.
Hello and welcome.
My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
You are under no obligation to perform anything until moving in the property 3 months from now?
I look forward to assisting you as soon as I have received this information. Thank you.
Customer: replied 1 year ago.
The only obligations I have before then is proof of income, and to provide the application fee and first month's rent.
Expert:  Tina replied 1 year ago.
I see. Thank you for sharing this additional information.
Since you did sign the lease agreement, the landlord could typically hold you liable for reasonable advertising and administrative costs he incurs in looking for a new tenant to take your place.
In addition, if the landlord chooses to hold you liable on the lease rather than searching for a new tenant, they could hold you responsible for the lost rents, but this generally assumes you are given possession of the property on the scheduled date.
Here is a link which sets out the landlord's options under these circumstances:
http://www.legalbrains.com/landlords-duty-to-mitigate-damage/
If you do wish to terminate the lease, your best option would typically involve negotiating a sum to pay the landlord in return for a signed release from the contract.
I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!
Tina

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