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I just signed a lease and the beginning term of the lease ...

Sent to Legal Experts May 1 2008 at 1:52 PM
   

I just signed a lease and the beginning term of the lease is to move in to the apartment on June 15th.   I am having second thoughts.   Can I terminate the lease because it has not become effective yet?    Also, do I need to terminate the lease in writing?

Customer (name blocked for privacy)
Answer
May 1 2008 at 1:57 PM (4 minutes and 59 seconds later)
         
REPLIEDCheck Mark

If you've already signed the lease, you're under contract and obligated to the landlord for the full term of the lease period. However, the landlord has an obligation to mitigate his damages, which in this case means that he would have to actively and diligently pursue another renter to lease your space. If the landlord is successful, then you would only be liable for the time that the space was not rented. For instance, if the apartment is vacant in June because you didn't move in, but the landlord rents the space in July to another tenant, then you would only be obligated to pay one month's rent.

You should give your notice in writing so there is no question of your intentions. You should also ask the landlord to actively pursue another tenant to mitigate any damages caused by your breach.

The worst case scenario is that the landlord cannot rent the space and you're on the hook to pay for the entire period of the lease - this is highly unlikely. The most likely event will be that you have to pay for a few months rent until the space is re-let.

However, because you haven't even moved in yet, it is possible that the landlord could find a new tenant over the next 1.5 months, and there would be no harm to anyone.




The information given is for research use only & you are paying me only for such information. This is not legal advice & there is no formation of an attorney-client relationship. You are advised to speak with legal counsel for accurate information.
Reply
May 1 2008 at 2:02 PM (5 minutes and 1 second later)
         
Reply to Adam Kirk's Post: What would you suggest that I do?
Answer
May 1 2008 at 2:16 PM (14 minutes and 39 seconds later)
         
ACCEPTEDCheck Mark

If you cannot or do not want to stay, you should give your notice in writing so there is no question of your intentions. You should also ask the landlord to actively pursue another tenant to mitigate any damages caused by your breach.

Make clear that you know he is under an obligation to mitigate his damages by re-renting the space as soon as possible. However, you need to understand that you are responsible for the rent until this happens.




The information given is for research use only & you are paying me only for such information. This is not legal advice & there is no formation of an attorney-client relationship. You are advised to speak with legal counsel for accurate information.
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