Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 11 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
9/12/2017
Real Estate Lawyer: Loren, Lawyer replied 11 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,338
Experience: 30 years of real estate practice experience.
Verified
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.
Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
Thank you for your time, let's continue speaking online
Real Estate Lawyer: Loren, Lawyer replied 11 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.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 11 months ago
Did you have further questions? Please let me know if I have answered your question.
Ask Your Own Real Estate Law Question
Customer reply replied 11 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 11 months ago
my lease doesnt include anything regarding to revoking besides the 30 days
Real Estate Lawyer: Loren, Lawyer replied 11 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.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 11 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.
Ask Your Own Real Estate Law Question
Customer reply replied 11 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 11 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?
Ask Your Own Real Estate Law Question
Customer reply replied 11 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 11 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.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,338
39,338 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
texas. im renting a building for 5yrs now, never missed a payment
texas. im renting a building for 5yrs now, never missed a payment and always been on time paying my rent. i pay 275 per month and i paid a 250 deposit. I am moving out and today is the 31st. i need ma… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,467 satisfied customers
i am renting and have paid everytime and on time never late.
i am renting and have paid everytime and on time never late. i have heard that my landlord is selling the property. he has been in forclosurer since oct. i have paid my rent and wrote a letter asking … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Hello, We have a unique situation Im looking for advice
Hello, We have a unique situation I'm looking for advice on. Recently, my husband was offered a job in a new town about 200 miles from where we currently live. It was a great job offer, so we decided … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
We are current with rent through Sept. 30th. Our current landlord
We are current with rent through Sept. 30th. Our current landlord is beginning a short sale on her house and has not paid her mortgage since Dec. Our lease is expired and we have a new place that will… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,911 satisfied customers
i have been renting an illegal basement apartment for numerous
i have been renting an illegal basement apartment for numerous years and have been paying for it in cash with no reciept returned, i am currently in verbal agreement with landlord to move out by the e… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
We are landlords of a single family home in WA state. We had
We are landlords of a single family home in WA state. We had tenants on a 1-year lease that ended on June 30th 2010. The tenants gave us every indication they wanted to renew the lease and stay in the… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
i live in michigan, Ive rented an apartment from a the village
i live in michigan, Ive rented an apartment from a the village at josephs run for 3 years. a month ago the manager at the office gave me a refferal letter stating "would rent to again" so no problems … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I am currently renting a house in the area from a private owner
I am currently renting a house in the area from a private owner with a signed lease. We have given our 60 days notice (on July 16th) as the requirement stated in our lease but our landlord says that w… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
I have a tenant that signed a lease in Sept on the 30th. We
I have a tenant that signed a lease in Sept on the 30th. We let her even move in a few days earlier because her last landlord gave her 7 days to leave. We have had constant grief from her on going on … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
I havent paid two months worth of rent becuase my realtor said
I havent paid two months worth of rent becuase my realtor said that she could get me out of this house ASAP my landlord is now yelling at me becuase i havent paid, he is an abusive person and he has v… read more
socrateaser
socrateaser
1,031 satisfied customers
the landlord and i had a big arguement today, Ipay 1200.00
the landlord and i had a big arguement today, Ipay 1200.00 a month out of poket cause my wife and i dont qualify for assistance. well for the past 2 months he has ignored my concerns about his house m… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I have recieved a 30 day notice of termination of tenency and
I have recieved a 30 day notice of termination of tenency and just moved in 2 weeks ago, i was tied into a 1 year lease agreement but my lanlord still hasnt even provided a lease even though ive asked… read more
GoLaw
GoLaw
Doctoral Degree
751 satisfied customers
I have told my landlord I have to move out this week because
I have told my landlord I have to move out this week because my position is being eliminated on January 1st. The lease is up 4/30/10 and I told him I would move this weekend because I can't afford Dec… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I would lie to leave 5 months before my lease ends in august.
I would lie to leave 5 months before my lease ends in august. the sink is broken, manager hasnt fixed it. i just got my car stolen into, bathroom bathtub has a problem i havent told my manager because… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I rented a property in Palm Beach County, entered into a lease
I rented a property in Palm Beach County, entered into a lease agreement for 12 months, paid each month, plus landlord is holding one months' security deposit. At the end of the 12th month, the landlo… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
hello, we moved into our unit april 2007 a 12 month lease we
hello, we moved into our unit april 2007 a 12 month lease we paid first last month and security. This is in Miami. It is a new development and there was supposed to be 2 pools state of the art fitness… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
how much time do I have if IM getting a eviction notice and
how much time do I have if IM getting a eviction notice and I want to solve it because Im going back to work on 2 days and have a new born babe?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
hELLO, I JUST SIGNED A 1 YEAR LEASE AND WROTE A CHECK FOR $3120.00.
hELLO, I JUST SIGNED A 1 YEAR LEASE AND WROTE A CHECK FOR $3120.00. FOR DEPOSIT, FIRST MONTH AND OCCUPANCY PRORATED FROM THE 22ND OF AUGUST. I DO NOT MOVE TILL THE 22ND. I CANT AFFORD THE RENT THERE. … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x