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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17532
Experience:  B.A.; M.B.A.; J.D.
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In tenant-Landlord law: Do I, the remnant , have to move into

Customer Question

In tenant-Landlord law: Do I, the remnant , have to move into my leased apartment if I notify the landlord within 48 hours?
Tennessee law.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I am sorry, but you need to provide more information.
I do not have sufficient information to answer your question.
Customer: replied 1 year ago.
I signed an 11 month lease Friday at 2:30. Based on the model , I thought my unit would be similar. Not so. The landlord requires 60 day in advance notice, and then a 1 month "break the lease" fee. She said that I'd owe 3 months rent total. Have you ever heard of a 48 hr. right to rescind the lease?
Expert:  Phillips Esq. replied 1 year ago.
Thank you for the information:
I signed an 11 month lease Friday at 2:30. Based on the model , I thought my unit would be similar. Not so. The landlord requires 60 day in advance notice, and then a 1 month "break the lease" fee. She said that I'd owe 3 months rent total. Have you ever heard of a 48 hr. right to rescind the lease?
Response: No, I have not heard such right of rescission. However, if you signed the lease based on the model, but your unit is different, then you would have a strong case against being held liable for the lease. The Landlord would have breached the lease first by material misrepresentation, by misrepresenting the model to be the same as your unit. This Landlord's initial breach would therefore release you from further obligation under the lease. This is basic contract law. Where one party to a contract breaches the contract, that initial breach releases the other party to the contract from further performance under the contract.
You may also argue that your consent to the lease, your signing of the lease, under the circumstances was obtained by fraud and thus the lease is not enforceable in the first place. So, you do not have to give the Landlord any notice or pay to "break the lease."

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