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Is it possible to break a lease signed a week ago but before taking possession of the home?
My GF got caught up in signing a lease before measuring the bedroom to see if her furniture would fit - a couple of the larger pieces won't fit down a narrow hallway.
Before we ask the landlord, any advice is appreciated.
This is no fault of the Lanlord, but it is possible as there are no laws to prevent you from breaking a lease. Even though the date the lease is to begin hasn't arrived, she signed and therefore a breach of the contract. I would talk to the landlord ASAP, don't wait.
Plan on losses. A lot is dependent on the Landlord, how much they're willing to bend. A private landlord has the option to be more forgiving then perhaps a PM company.
An LL in most states is required to mitigate the damages, advertise and re-rent. In the worst case scenario, depending on state laws a possible reletting fee, loss of security deposit money and she may be required to pay the rent until the LL finds a suitable replacement and they sign their lease.
Put an ad in Craigs list for someone to take over the list...offer enough money...or change your thinking and make the living room your bedroom...afterall, your not going to live there forever. You signed it. I have beens stuck like this before...had to pay back THOUSANDS because I had to move for job.
I own a property management company and we have to go by what the owners will decide. Some might be more forgiven then others and first of all we are looking in the best interest of our home owners.
Since we have more properties we might be able to offer another home from the same owner or try to work with the tenant and the owner for a good solution, but the tenant is probably going to lose the sec. dep. at least unless another renter comes by fast.
We are dealing with a situation that is different but has similarities...A tenant wants to break the lease after 4 days of moving in and having complained about many things, which were all fixed. We were not aware of these items since we took over this property recently and these items only came up when the power was up and running. All were taking care of within hours and even 1 appliance was replaced the same day, so the tenant was happy.
Now the tenant started to claim there were health issues due to a drug arrest over a yr ago and although we have the place tested and multiple labs have stated that they don't expect any health issues the tenant wants to leave before the result comes back...that means "no money back"...
Since some tenants easily flap their gums, we got to find out he wants to move to another State due not finding a job....so that is the reason!
We have heard so many sob stories that we mostly can fill in the blanks and are very cautious to believe everything they say..sorry but others before have ruined it for many others...
I own a property management company and we have to go by what the owners will decide. Some might be more forgiven then others and first of all we are looking in the best interest of our home owners.
Since we have more properties we might be able to offer another home from the same owner or try to work with the tenant and the owner for a good solution, but the tenant is probably going to lose the sec. dep. at least unless another renter comes by fast.
We are dealing with a situation that is different but has similarities...A tenant wants to break the lease after 4 days of moving in and having complained about many things, which were all fixed. We were not aware of these items since we took over this property recently and these items only came up when the power was up and running. All were taking care of within hours and even 1 appliance was replaced the same day, so the tenant was happy.
Now the tenant started to claim there were health issues due to a drug arrest over a yr ago and although we have the place tested and multiple labs have stated that they don't expect any health issues the tenant wants to leave before the result comes back...that means "no money back"...
Since some tenants easily flap their gums, we got to find out he wants to move to another State due not finding a job....so that is the reason!
We have heard so many sob stories that we mostly can fill in the blanks and are very cautious to believe everything they say..sorry but others before have ruined it for many others...
I think if there were drugs involved, possibly meth, your tenant should be allowed to get out of the lease, and I think he had a right to know before you moved him/her in. It sounds to me like this tenant is going through a nightmare with your company. Sorry, but I gotta go with your tenant. I don't know all the details, so thats all I will say.
I think if there were drugs involved, possibly meth, your tenant should be allowed to get out of the lease, and I think he had a right to know before you moved him/her in. It sounds to me like this tenant is going through a nightmare with your company. Sorry, but I gotta go with your tenant. I don't know all the details, so thats all I will say.
You don't know the details, so you are forgiven...Neither the owner, previous property management or us ( we just took over this property) had heard of the little tiny bit of meth, which of course any meth is too much, but it was over a year ago and the place was completely painted, half remodeled and cleaned and another tenant had lived there.
The police (when we called) stated they never informed the health dep. and we could get a copy of the report which clearly showed it was not a meth lab. The place is tested but the lab person could hardly find dust above the door trim...and 4 labs stated that over a yr later it is hardly doubtful that anything can be found specially since it was so little meth that the police had found at the home after the arrest...There was no raid.
If a tenant doesn't want to stay even if the tests come back negative, then it is for their own count what they will lose and btw...the tenant is understanding and not fighting that he won't get anything back. he thanked us for the repairs but he tried to get out of the contract and after consulting with a legal person he got the message...he has no right to break the lease.
Do you know what happened in the home/property before you rented it?
owners don't have to disclose HIV, murders, dead people who have been laying in a home for weeks, hording with cockroach infestations, etc...
So perhaps you should start checking who lived there prior and before that person?
We as a property management only know what we are told by the home owners and we check the public records for liens and the sheriffs website...what else do you think we should do?
All our lease are prepared by a Law firm, so we are not doing any shaddy business and offered this tenant his money back if the test results are positive. We also offered him 3 other properties to move to so he could move over the sec. deposit + last months rent....at first he wanted to do that, but then changed his mind...probably due to wanting to move out of State...
As you stated ...you don't know the facts...no problem, we know them and that is enough.
Btw if we find a new tenant soon, then he might get some money back since by law you can't keep double rent, don't worry we know the law and stick to the law!, but not the sec. deposit since the law also requires to paint in between new tenants and the place was completly painted!
Im a new landlord so I dont know much about my rights.when I took over my place I had ranters that lived here for 16yrs and was bad smokers so I cleaned and put all new flooring in and painted I hv a tenant that has pay there security deposit and has had there belonings in for about a week and now wants to break lease done to they can still smell smoke .I hv np in breaking the lease but do I hv to give back security deposit
Im a new landlord so I dont know much about my rights.when I took over my place I had ranters that lived here for 16yrs and was bad smokers so I cleaned and put all new flooring in and painted I hv a tenant that has pay there security deposit and has had there belonings in for about a week and now wants to break lease done to they can still smell smoke .I hv np in breaking the lease but do I hv to give back security deposit
Smoking and smells from smoking are tricky as not only are you dealing with traditional landlord tenant issues, but some states have separate laws that supersede landlord rights when it comes to this subject. You need to do some serious research on all your state laws. Sometimes, you can get the answer by contacting whomever handles your state/county anti-smoking programs.
Im a new landlord so I dont know much about my rights.when I took over my place I had ranters that lived here for 16yrs and was bad smokers so I cleaned and put all new flooring in and painted I hv a tenant that has pay there security deposit and has had there belonings in for about a week and now wants to break lease done to they can still smell smoke .I hv np in breaking the lease but do I hv to give back security deposit
I don't believe that any court would ever uphold the breaking of a lease for this reason. The new tenant had ample opportunity to see and smell the premises before signing a lease. You're absolutely entitled to at least one month's rent (why you allowed the tenant to move belongings in when the rent had not yet been paid was a mistake) and if the security deposit was equivalent to one month's rent then tell your tenant you're willing to accept that to break the lease. Then put it in writing signed by both of you that this was the deal acknowledged by both of you.
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, but not the sec. deposit since the law also requires to paint in between new tenants and the place was completly painted!
