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No, it does makes sense because the contract is null and void if the person never moved in and the lease was dated in advance. Tell me how you can be bound to a legal contract if it was dated for a date in the future? We have had applicants get approved, sign the lease in advance and then cancel. It can be done with no financial obligations. I just don't see how you think a person can be bound to a legal contract if it was not yet effective.
The lease term (i.e. the date that the tenancy starts and ends) is part of the lease which is a contractual agreement between the lessor and the lessee. If the lessee signs a lease agreement on, say, October 10 for a lease which is to begin on November 1, the lessee is agreeing to abide by the terms and conditions of the contract. I believe your interpretation of contract law is incorrect. In your scenario, unless a tenant actually signed a contract on the EXACT day that the lease term is to begin the contract is worthless.
The lease term (i.e. the date that the tenancy starts and ends) is part of the lease which is a contractual agreement between the lessor and the lessee. If the lessee signs a lease agreement on, say, October 10 for a lease which is to begin on November 1, the lessee is agreeing to abide by the terms and conditions of the contract. I believe your interpretation of contract law is incorrect. In your scenario, unless a tenant actually signed a contract on the EXACT day that the lease term is to begin the contract is worthless.
This is correct. The prior poster doesn't understand contract law. The move-in date is simply a detail of the contract and has nothing to do with the validity of the contract. It's an agreement for future performance, and failure to perform is a breach of the contract. Whether it was signed a day before the move-in or a year prior is of no consequence.
No, this isn't true. At least here in Fl. with management companies things are not done like that, regardless if they signed the lease prior to it actually begining. I have had a few scenarios where an applicant was approved and signed the lease early and then decided to back out. We cancelled their application/lease, shredded the contract and kept the deposit. I believe it is up to the LL if they want to allow that, and apparently it seems as though they are wanting to take an easier way out rather than leasing the place to another person. The contract was signed almost a month in advance, you cannot hold someone liable for a contract if they cancel BEFORE the actual lease date, unless there is a clause in the contract somewhere in regards to that. Try taking it to court and see how far you will get on collecting money on a lease that has yet to begin. It's like giving the keys early, if you habd them out earlier than what the lease states, the LL is liable for anything that happens to the tenant. Now if the tenant waiting until after the lease began, that is another story. Don't forget, different states, different laws.
Quote:
Originally Posted by austin-steve
This is correct. The prior poster doesn't understand contract law. The move-in date is simply a detail of the contract and has nothing to do with the validity of the contract. It's an agreement for future performance, and failure to perform is a breach of the contract. Whether it was signed a day before the move-in or a year prior is of no consequence.
The contract was signed almost a month in advance, you cannot hold someone liable for a contract if they cancel BEFORE the actual lease date, unless there is a clause in the contract somewhere in regards to that.
Well, I'll have to respectfully agree to disagree again. There is absolutely no state in which a tenant can unilaterally terminate a lease agreement prior to move-in without being subject to the penalties outlined in the lease agreement. It's a contract, period. That it is a lease contract doesn't change contract law.
But I'm willing to be proven wrong. Post your link to the applicable Florida Statute that says a tenant can breach a lease agreement unilaterally prior to move-in and only forfiet the deposit. Or upload a pdf file of the standard Florida Apartment Association lease agreement and we can all read it and see what it says.
No, this isn't true. At least here in Fl. with management companies things are not done like that, regardless if they signed the lease prior to it actually begining. I have had a few scenarios where an applicant was approved and signed the lease early and then decided to back out. We cancelled their application/lease, shredded the contract and kept the deposit. I believe it is up to the LL if they want to allow that, and apparently it seems as though they are wanting to take an easier way out rather than leasing the place to another person. The contract was signed almost a month in advance, you cannot hold someone liable for a contract if they cancel BEFORE the actual lease date, unless there is a clause in the contract somewhere in regards to that. Try taking it to court and see how far you will get on collecting money on a lease that has yet to begin. It's like giving the keys early, if you habd them out earlier than what the lease states, the LL is liable for anything that happens to the tenant. Now if the tenant waiting until after the lease began, that is another story. Don't forget, different states, different laws.
It would seem that the management company for whom you work decides to take this approach as they have other applicants in line in what is probably a quite fast turn-over property. However, this scenario isn't covered by law in any remote way as you describe. Cheers!
No, turn over here isn't high. Traffic is heavy so I think that may be the reason for the releasing with no penalties other than loosing your deposit. Just as quickly as we can loose an applicant, we can get another in.
Quote:
Originally Posted by STT Resident
It would seem that the management company for whom you work decides to take this approach as they have other applicants in line in what is probably a quite fast turn-over property. However, this scenario isn't covered by law in any remote way as you describe. Cheers!
I have looked up and down our statues for something related and cannot find it, so I phoned our attorney's to see if they know where it is and what they have to say. I will post later after I speak with them and see what they have to say.
I just can't see how a LL can hold you liable to a contract that has yet to start. It makes no sense. Sure, you take on the responsibilities of the lease-when the dates begin that are shown on the lease contract that is legal and binding. It's like an insurance company charging you for months ahead, even after you cancelled your service.
But I will see what the attorney's say, and get back with you on this.
Quote:
Originally Posted by austin-steve
Well, I'll have to respectfully agree to disagree again. There is absolutely no state in which a tenant can unilaterally terminate a lease agreement prior to move-in without being subject to the penalties outlined in the lease agreement. It's a contract, period. That it is a lease contract doesn't change contract law.
But I'm willing to be proven wrong. Post your link to the applicable Florida Statute that says a tenant can breach a lease agreement unilaterally prior to move-in and only forfiet the deposit. Or upload a pdf file of the standard Florida Apartment Association lease agreement and we can all read it and see what it says.
Steve
Last edited by mquintana; 10-23-2008 at 06:41 AM..
Reason: added more detail
Ok, and when did she notify the landlord she wouldn't be moving in? Before Oct. 1? Did she move in? If the answer is yes to the first and no to the second, she cannot be financially responsible for the apartment since she did inform him she was cancelling.
Yes, she informed him before Oct 1st and no, she never moved in....
HOWEVER, she didn't inform him in writing..... That may be a sticking point..
Our (few) but our applicants cancel with no written notice. This guy sounds like he's trying to get on the easy way instead of re-leasing it out to another person. As I said in my previous post, I am waiting on my attorney to call me and see what our laws are and maybe it'll help you some, or so I hope.
Quote:
Originally Posted by Rhett_Butler
Yes, she informed him before Oct 1st and no, she never moved in....
HOWEVER, she didn't inform him in writing..... That may be a sticking point..
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