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Richard, Attorney
Category: Legal
Satisfied Customers: 55325
Experience:  Attorney with 29 years of experience.
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i just sign a 12 month lease and i didt move into the apartment.what

Customer Question

i just sign a 12 month lease and i did't move into the apartment.what can i do to get out of the lease.
Submitted: 6 years ago.
Category: Legal
Expert:  Richard replied 6 years ago.
Good evening. Generally there is no cooling-off period for leasing real property. Once the lease is signed by both parties, it becomes a valid contract. There could be grounds to rescind or break the lease if the unit was not acceptable. For example, if the unit was misrepresented as being something it is not or having something it does not have, a tenant may declare a rescission of the contract. Also, if the unit had significant defects or other problems, the tenant may also declare a rescission for these reasons. A valid rescission will terminate the tenant's obligations under the contract. In the case of a rescission, you must set forth the grounds in a written notice of rescission to the landlord and return the keys as soon as possible. Because there is no "cooling off" period with regard to apartment leases, unless the landlord is willing to allow you to terminate the lease, you are going to be obligated. There is, however, some good news. The law requires the landlord to mitigate damages. Mitigation means that the landlord is required to make an effort, once you give notice, to find a new tenant. The landlord will only be entitled to recover the loss of rent during the search time for a new tenant; but, once the new tenant makes the first rent payment, you are released from any further obligation under your lease.



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