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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I recently signed a Contract to lease which was executed by

Customer Question

I recently signed a Contract to lease which was executed by the owner
I have not as yet been approved by the HOA
As it turns out the appliances were filthy not functioning
Can I get out of this contract without losing money?
thank you
Gisele Salas (###) ###-####
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 5 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.Does the lease contain any provision for early cancellation? Have you made a demand on the landlord to repair the appliances?
Customer: replied 5 months ago.
I have asked the listing agent to either replace appliances or give me credit
I have yet to hear from the owner or LA - moving date is 5/1/ - I really want to get out of it
I have no HOA approval yet for approval
Customer: replied 5 months ago.
thank you
Customer: replied 5 months ago.
the CTLs in Florida are standard and I dont see anything about early termination fee
Expert:  Loren replied 5 months ago.
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Customer: replied 5 months ago.
yes so what is the answer - I am not paying for no answer
thank you
Expert:  Loren replied 5 months ago.
Unfortunately, the lease is valid and enforceable once you sign it. You can refuse to take possession if the appliances serving the premises are not operating. The premises would not be in habitable condition and the landlord would be in breach. If the landlord refuses to repair then you can sue the landlord for breach of the lease and leverage a cancellation that way. If the landlord repairs the appliances then you would not have grounds to walk away.
Expert:  Loren replied 5 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Expert:  Loren replied 5 months ago.
Still online with me?
Expert:  Loren replied 5 months ago.
Did you have further questions? Have I answered your question?

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