Real Estate Law
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You absolutely do have a right to terminate and receive all your money back. You have grounds to rescind or break the lease based on one or more of the following: i) the property was not acceptable; for example, if the property was misrepresented as being something it is not or having something it does not have, you may declare a rescission of the contract; and/or ii) if the property had significant defects or other problems, you may also declare a rescission. Your situation essentially satisfies both these elements. A valid rescission will terminate your obligations under the contract. You will need to set forth the grounds in a written notice of rescission to the landlord and return the keys as soon as possible. If your money is not refunded voluntarily, file suit against the landlord. Let the landlord know that if you are forced to file this suit, you will be asking not only for the refund of your money, but also punitive damages for withholding what is due you in bad faith. And, that if he files any negative report against you, you will be adding a cause of action for defamation.
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Yes, you can designate a move out date. You have all the leverage here. You don't really need an attorney unless she fails to return your money. Even then, if it's under $5,000, you can file this in a small claims court without an attorney.