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I signed a 12 month lease but last minute have multiple

Customer Question
Hi there! I signed...

Hi there! I signed a 12 month lease but last minute have multiple financial difficulties stopping me from being able to afford rent. My lease hasnt begun until Sept 30th, and Ive reached out to my landlord to get my deposit back but havent heard anything & im afraid he will keep my deposit & first month

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

CT

Lawyer's Assistant: Has any paperwork been filed?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont believe so, Im very new to all of this

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 1 minute by:
9/12/2017
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,897
Experience: 30 years of real estate practice experience.
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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.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
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Customer reply replied 8 months ago
Thank you for your time, let's continue speaking online
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, your lease is binding and enforceable for the lease term stated in the contract. This is true whether the lease has started or whether you have moved in, or not. Therefore, without a provision in the lease providing a right to early termination or landlord breach (constituting constructive eviction), you are liable for the payment of rent and other obligations specified in the agreement until the end of the lease term.
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 walk away 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.
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.I am sorry. I wish I could tell you otherwise, but I do not want you incurring additional liability or spinning your wheels.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.
There is no additional charge to you for rating me favorably.
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Real Estate Lawyer: Loren, Lawyer replied 8 months ago
Did you have further questions? Please let me know if I have answered your question.
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Customer reply replied 8 months ago
When signing the lease, I wasnt given 30 days before a move in date to have an option to back out. Is there any other action I can take to try to revoke the lease and get my money back?
Customer reply replied 8 months ago
my lease doesnt include anything regarding to revoking besides the 30 days
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
There is no automatic right to revoke a lease after signing. It would need to be a right specifically included in the terms of the written lease. Otherwise, the lease is valid and enforceable as soon as you sign it.
You can speak with the landlord, but they have no legal obligation to cancel the lease after you sign it, any more than they could demand you to move out in the first 30 days because they have found someone who would pay higher rent.
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Real Estate Lawyer: Loren, Lawyer replied 8 months ago
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
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Customer reply replied 8 months ago
But if the landlord fails to communicate with me, ignore my calls and texts, is there anything I can do about that
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
What do you want the landlord to do? What are you calling and texting about? Has the landlord breached the terms of the lease?
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Customer reply replied 8 months ago
I want the landlord to contact me and work this out with me. I absolutely know I wont be able to afford this and want to work out getting my deposit & first month back, if not all then most of it
Please read the paragraph under default.. is this considered that circumstance?
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
It does not really help you. It is just a mandated cure period for you to correct a breach.
Your options in this are as I suggested above. You may want to have your attorney contact the landlord to work this out, because right now the landlord has no motivation to negotiate with you since they have a signed lease.
They do not want to refund your money. Use the next couple of weeks to try to find someone to take over the tenancy for you.
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Category: Real Estate Law
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