Legal Corner

I had the same problem once
spicedking 8021 reads
posted
1 / 9

Hello everyone,

I was curious if anybody could help me out on this, and give a couple of options.

I signed a lease agreement on 04/08. Today (04/09) I had some second thoughts - told them that I want to back out of it. I know, I know...

I haven't put ANY money down on the place, did not accept any keys, (pocession of property). Is there a 48hr or 3day grace period to back out of it? I'm due to move in on 05/08.

The place is telling me that I signed a legally binding so I'm out of luck.

If anyone can help - would really appreciate it.

spicedking 4829 reads
posted
2 / 9

This is all happened in Arizona

Thanks, once again.

BigPapasan 3 Reviews 5591 reads
posted
3 / 9

will say he took the apt. off the market because
he relied on the signed contract.  L must try to mitigate his damages by making a good faith effort to rent the apt. to someone else by advertising it, etc.  L can't let the apt. sit vacant for a year and then sue you for the rent.

If L rents the apt. by 05/08 --no harm no foul. L can't collect rent from 2 people for the same apt.  If L can't rent it until June, you'd be liable for that loss of rent.  If L rents it for less than you agreed to pay, you'd be liable for the difference in rent for the term of the lease.

Blah, blah, blah -- in the real world, landlords don't have time to mess around with trivial stuff like this.  They move on to the next tenant, unless they're vindictive bastards.

Calif. law, not AZ, but should be similar.

mrfisher 115 Reviews 8892 reads
posted
4 / 9

Try a call to the local bar association, they might be able to tell you for sure without having to pay any lawyer's fee.


(still not a lawyer)

gottheTshirt 5782 reads
posted
5 / 9

If you have cause, it might be easier to get out of...  like misrepresentation.  
I'm not sure if the 3 day rule applies, check with consumer advocates quickly.  Some major purchases you have 3 days...  not sure if it applies or it may be state laws.

I let a tenant out of a lease when it was apparent they could not afford it.  Better to re-rent it to someone who could pay on time.

southfl09 1 Reviews 7256 reads
posted
6 / 9

I signed the lease, got the keys and went upstairs.  The place was clean but full of cockroaches.  So many that the very next morning I went to the office and tried to get out of the lease.  They said no and I had to give 2 months notice and I still had to pay for the apartment untill it was rented out, which they are in no hurray to do since they were getting my money.  I was furious but there wasn't anything I could do.  I hope you find a way out of yours.  Good luck.

shudaknownbetter 6154 reads
posted
7 / 9

If there really is a health issue, call the local board of health & get an inspection done.  A college student/family member had this done.  They got a pro-bono lawyer (lucky) and won in court.  I don't know if they'll get their deposit back like the court ordered.  They could not have won without the letter from the health inspector who stated the sewerable backup had not been cleaned up properly...  (not their doing, clogged line in the street.)
skb

cathyb 7329 reads
posted
8 / 9

I have got out of leases before,
1) be nice,, say it is a lovely apartment &
2) explain your "personal crisis" of why you must back out
3) be reasonable, sometimes making a small token finacial effort helps,, like forfitting your deposit..paying 1/2 month rent etc..
4) always get it it in writing that you are "off the hook"

there is a lot of employee turnover in apt leasing & sometimes new managment comes in & ruffle though old accounts to see what they can collect in fees...
good luck

hiddenhills 143 Reviews 6979 reads
posted
9 / 9
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