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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24870
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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I signed a lease in Rhode Island and within hours contacted

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I signed a lease in Rhode Island and within hours contacted the property manager to ask if I could hold off on making the decision just a few days more due to some life circumstances. Do I have any legal recourse to get out of the contract?

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.

Regretfully, if you signed the lease contract you are bound by it's terms and conditions - start date and end dates.

However, if your lease allows for subletting to another tenant you can do that and reduce your damages..

Too, if that is not available you can negotiate an early termination fee with the landlord. Anything you negotiate with the landlord make sure you get it in writing.

But if the landlord refuses that - they still have a duty to "mitigate their damages".

Simply put, the landlord has to make reasonable effort and take appropriate steps to re-rent the vacated premises in order to avoid excess damages. For example, a tenant who vacates the apartment with 10 months remaining on a lease term has clearly breached the agreement. However, the Courts will not allow the landlord to recover for all 10 months of unpaid rent from the vacating tenant. The Court will require the landlord to have made reasonable effort to re-rent the vacated unit and will cut off the right to recover damages for the entire 10 months. What is reasonable will depend on the facts of the given circumstance, but generally speaking a unit should be rented out within 2, 3 or 4 months.

Since you never took possession - any security deposit paid should be returned.

I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!
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