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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27551
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I want to break out my lease, the moving date is tomorrow, I signed the lease online,

Customer Question

hi , i want to break out my lease, the moving date is tomorrow, I signed the lease online, and never visited the premises
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. Would you mind sharing with me the basis for this? Also, is there any reason your signed the lease without seeing the rental? I am just trying to get an idea of what is going on.
Customer: replied 2 years ago.
I wanted to break the lease mainly because I just found that it is located in a dangerous neighborhood in the city. I have a daughter and I don't want anything to happen to her. The reason I signed the lease without seeing is that I was overseas at the time the landlord sent it to me.
Expert:  RealEstateAnswer replied 2 years ago.
Thank you for the additional information. In order to break the lease, there needs to be a legal basis to support it. If there is not and you fail to take occupancy and pay rent, then the landlord can sue you for damages suffered. I completely understand the need to protect your daughter and that the rental is in a bad area but a the potential tenant/renter, the obligation was on you, to perform your own due diligence and research the area, to see where it was located. If you did not and now realize this, it is not a basis to just break the lease. With that being said, you can speak with the landlord and see if the y will allow you to pay a penalty/fee to break the lease early. If not, then you need to advise them you will not be taking occupancy and they need to make a good faith effort to find a new tenant. You can also try and find someone to sublease, to mitigating the damages. While the rental sits idle, you would be liable to pay, since the lease is a legally binding agreement. I know it is not what you were hoping the hear the day before but the lease is a legally binding contract and if the parties fail to perform, it opens the door for potential litigation.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!