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I was in Florida and I have digitally signed the lease before but never moved in to the aprtment

Submitted: 8 months ago.Category: Legal
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9/14/2017
Lawyer: Loren, Attorney replied 8 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,880
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

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Lawyer: Loren, Attorney replied 8 months ago

What is your question, my friend?

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Customer reply replied 8 months ago
My Questions. I have signed the lease digitally from Florida for an apartment in Delware but have never moved in because of some reasons. now renting company is asking me to pay the rents what should i do now...
Lawyer: Loren, Attorney replied 8 months ago

Thank you for the clarification.

A digitally signed leased is enforceable as a regularly signed lease in Florida.

That said, your liability if you walk away depends on how quickly the landlord can re rent the premises and how motivated the landlord is to chase you down in Delaware to collect.

So, you have a few options. First, you can try to find a new tenant to either be a subtenant or assignee of your lease.

Next you can try to negotiate a lump-sum settlement of the remaining balance on the lease.

Finally, and most risky, you can just move out without a new tenant or settlement, and hope the landlord can relet the space quickly.

The last option puts you in breach of the lease and subject to damages if the landlord sues and prevails, but, as I said, the landlord may not be motivated to chase you down to do that.

With regard to the first two options, if you find a new tenant or reach a settlement with the landlord, it is most important that the terms be in writing and signed by the parties so that it is enforceable in court.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 8 months ago
But I have never moved in to the apartment and never accepted the keys so still i'm responsible for complete lease terms. I was not sure that their apartments are not renting out easily and they were behind me sign in digitally.
Apartment is in Delaware. I have to move in from Florida to Delaware.Please advise!Thanks,
Sarvesh
Lawyer: Loren, Attorney replied 8 months ago

Once you sign the lease (digitally or with a pen) you are liable for the obligations contained in the lease, whether you take possession or not.

I am sorry. I wish I could tell you otherwise, but I do not wish to see you incur further liability and spin your wheels.

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Customer reply replied 8 months ago
Thanks but if they do not rent out for 12 months i have to pay for 12 months for the apartment which have never accepted the keys and have never moved in. This is moreover Job because of which i have to stay back in Florida and not planning to move Delaware.There is nothing we can do on this. That apartment is costly and it not very easily rent able because of that reason they have accepted my online application and with in a day they gave me lease agreement and were forcing me to sign.
Lawyer: Loren, Attorney replied 8 months ago

Unfortunately, yes, once the lease is signed it is enforceable until it expires or until a new tenant is found to replace you.

As I said though, they may not want to chase you to Delaware to collect.

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Lawyer: Loren, Attorney replied 8 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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