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Old 12-21-2007, 11:04 PM
 
1 posts, read 9,150 times
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can a tenant break a rental agreement before the contract commences?
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Old 12-21-2007, 11:30 PM
 
27,076 posts, read 54,279,688 times
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Quote:
Originally Posted by change of heart View Post
can a tenant break a rental agreement before the contract commences?
A tenant can always break a rental agreement. The questions really is, "What are the consequences of doing so."

Once the agreement has been signed, both parties are bound by the terms of the agreement. The only enforcement exceptions I've encountered is when a term is prohibited by law, either party is not able to contract as would be the case with a minor that is not emancipated, or the unit is destroyed through no fault of the owner.

If I understand your question, I would say no, not without consequences.

Many years ago, I had a tenant get cold feet right after signing and before move-in. She had separated from her husband and now they were getting back together.

I let her cancel for two reasons... the first was I had someone else to take the unit and second, I did not want to have someone move-in that I know didn't want to be there... it just sounded like trouble.
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Old 12-22-2007, 07:24 AM
 
Location: Long Beach, CA
2,072 posts, read 11,243,311 times
Reputation: 1751
Quote:
Originally Posted by Ultrarunner View Post
A tenant can always break a rental agreement. The questions really is, "What are the consequences of doing so."

Once the agreement has been signed, both parties are bound by the terms of the agreement. The only enforcement exceptions I've encountered is when a term is prohibited by law, either party is not able to contract as would be the case with a minor that is not emancipated, or the unit is destroyed through no fault of the owner.

If I understand your question, I would say no, not without consequences.

Many years ago, I had a tenant get cold feet right after signing and before move-in. She had separated from her husband and now they were getting back together.

I let her cancel for two reasons... the first was I had someone else to take the unit and second, I did not want to have someone move-in that I know didn't want to be there... it just sounded like trouble.
Ultra,

As always I agree with your excellent advise

Paula
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Old 05-14-2009, 05:15 PM
 
1 posts, read 6,544 times
Reputation: 10
My tenant, after 2 1/2 years, is moving out. She signed the original lease in September 2005. Since that time, she signed and returned an addendum to extend her lease in 2007, but, she did not return the one I sent to her in 2008. She now claims she does not have a lease and therefore can move out prior to the end of the lease period (August 31, 2009) Do I have any recourse?
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Old 05-14-2009, 05:22 PM
 
Location: Planet Earth
1,080 posts, read 2,919,364 times
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Quote:
Originally Posted by jecollins View Post
My tenant, after 2 1/2 years, is moving out. She signed the original lease in September 2005. Since that time, she signed and returned an addendum to extend her lease in 2007, but, she did not return the one I sent to her in 2008. She now claims she does not have a lease and therefore can move out prior to the end of the lease period (August 31, 2009) Do I have any recourse?
If she didn't sign the lease in 2008 it sounds like she's month to month now. If you didn't get it back, why didn't you press the issue?

How do you figure the end of the lease is August 31,2009 if the last lease she signed was in 2007? Was it a 2 year lease?

Edit: and how is she only a tenant of 2.5 years if she moved in September 2005? You realize it's 2009 right?
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Old 01-16-2010, 05:12 PM
 
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I had a couple sign a one year lease agreement, however a few days before they were to move in, they told me that they were not moving in afterall. I had originally given them an opportunity to cancel the lease after signing it because the wife was not entirely happy with the property, but they said that they were happy with it and would move in. I had to immediately advertise to rent it and now she feels that she it was an unbinding agreement because I did not give her a copy of the agreement after she signed it.
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Old 01-16-2010, 06:00 PM
 
1,016 posts, read 1,579,936 times
Reputation: 171
Quote:
Originally Posted by letynavarro View Post
I had a couple sign a one year lease agreement, however a few days before they were to move in, they told me that they were not moving in afterall. I had originally given them an opportunity to cancel the lease after signing it because the wife was not entirely happy with the property, but they said that they were happy with it and would move in. I had to immediately advertise to rent it and now she feels that she it was an unbinding agreement because I did not give her a copy of the agreement after she signed it.
I would just let it go. Sounds like a lot of wasted time with this couple. JUst rent it to someone else its a Renters market you will find someone fast and maybe better.
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Old 01-16-2010, 07:07 PM
 
Location: NoHo (North Hollywood)
448 posts, read 1,422,997 times
Reputation: 262
Quote:
Originally Posted by Chichappens View Post
I would just let it go. Sounds like a lot of wasted time with this couple. JUst rent it to someone else its a Renters market you will find someone fast and maybe better.
If it's a renters market (and it is), then that means there is a lot of supply and little demand. Just like when someone says it's a buyer's market. There are tons and tons of apartments up for rent because many teens and early twenty year olds are moving back in with their parents due to this economy. Main point, the poster is most likely asking because they do not have a lot of other prospective tenants and wants to know if the renter can be held legally.
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Old 01-16-2010, 11:19 PM
 
1,016 posts, read 1,579,936 times
Reputation: 171
Quote:
Originally Posted by LABornandRaised View Post
If it's a renters market (and it is), then that means there is a lot of supply and little demand. Just like when someone says it's a buyer's market. There are tons and tons of apartments up for rent because many teens and early twenty year olds are moving back in with their parents due to this economy. Main point, the poster is most likely asking because they do not have a lot of other prospective tenants and wants to know if the renter can be held legally.

Pardon I am from France, Its a Landlords market. Lets not assume about the Landlord he or she may have many prospective tenants since this is a Landloard market and most Americans are losing their homes or can't afford to by one...
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Old 02-19-2011, 04:43 PM
 
2 posts, read 3,665 times
Reputation: 10
What if i gave a security deposit to a landlord before the tenant actually moved out. The tenant moved out and i got the keys and the place was not in moving conditions....it was terrible. Now i do not want the place and he says i can't give me back my full deposit due to the fact he could have rented the place out to someone else. Is this true?
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