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A relative of mine (the tenant) just rented an apartment to…

Customer Question
My son (the tenant) just...
My son (the tenant) just rented an apartment (one year lease) to begin in one week, paid a security deposit, paid the first months rent, signed the lease, and was given a key to the apartment by the landlord. This was after a credit check was performed and my son's credit was approved to get the apartment. The landlord seemed to not like my son because he was taking such a long time to review the lease, which was 26 pages, before signing it. The landlord did rent it to my son and turned over the key to the apartment nonetheless.

However, it appears the landlord is still advertising the apartment for rent.

The landlord did not immediately sign the lease, stating it had to go to the management company to be signed. The landlord knows the tenant won't actually be moving in until July 1 even though the least starts next week. Can the landlord decide to back out? I think it's strange that the apartment and their management company have not withdrawn their advertisement for the availability of the apartment.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 33 minutes by:
6/16/2010
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 64,564
Experience: Experienced lawyer
Verified
Hello and thank you for your question. What precisely do you want to know?
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Customer reply replied 8 years ago
I don't see any accept button.
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
No need to accept yet. what precisely do you want to know?
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Customer reply replied 8 years ago
I want to know if the landlord can back out of the lease my son signed by 1) Not signing the lease themselves, or 2) Deciding they like another tenant better and deciding to refund my son's deposit, first months rent, and even possibly asking for their key back or changing the locks. In other words, can the landlord back out of the lease because they didn't like my son for taking too long to sign the lease?
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
Is it signed by both of them?
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Customer reply replied 8 years ago
Like I mentioned above, the landlord did not sign the lease yet because when my son signed it he was with the landlord, not the management company. They were going to send the lease to the management company to sign. So the answer is no, they haven't signed the lease yet or maybe they have and my son doesn't have it yet. But they gave my son the key to the apartment to move in on or after June 20th.
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
If not signed by both, either side can choose not to sign and in the case of landlord take on a diferent tenant.
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