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Did she sign the lease early or was the lease dated for the day she signed it?? If it wasn't dated for the day she signed it, you are not legally binded to the contract.
I once heard of this clause where you can get out of legally binding agreements within 48 hours or a week or something after having signed it. It would be too late now, though.
I think it would be best to explain to the landlord what you said, that he has nothing to take from her and wouldn't he rather find a tenant who can pay instead of her. I don't know whether it would make him stand on firmer ground or waver, but what if you said he'd probably have to evict her eventually because she truly hasn't the money to pay? LLs hate evictions, it costs a lot of time and money and they love to threaten them (I was threatened with eviction just this morning!) they hate it.
Did she sign the lease early or was the lease dated for the day she signed it?? If it wasn't dated for the day she signed it, you are not legally binded to the contract.
Did she sign the lease early? Like on Oct. 3rd but the lease was dated for Oct. 20th? If so, even though it was signed, as long as the lease is not yet effective, she can cancel at anytime and not be legally responsible for it since it did not start yet.
The landlord is basically trying to tell her she's responsible for the ENTIRE lease and her only option is to sublet or she'll have to pay the year's rent......
This is essentially correct, but not seeing the lease I can't say for sure.
In most states, however, a landlord has a "duty to mitigate" tenant damages. In other words, the landlord can't simply sit back and charge rent to your mom for a year. They have to actively seek a replacement tenant. You can be charged the "re-letting fee" to offset those costs, pursuant to the lease agreement language.
The best strategy is to keep your mom's side of the deal squeaky clean, and then document the efforts (or lack therefo) of the landlord to lease the property.
In Texas, a landlord's failure to mitigate can be used as an affirmative defense against a lawsuit for unpaid rent. I've never been involved in one of these, but have heard stories from other landlords who got caught making lackluster efforts.
Your mom should provide proper written notice and then follow the lease requirements. If the landlord fails to meet his obligations to re-let the property, she may then have an out. Hopefully the landlord succeeds and a replacement tenant is found quickly and your mom can work out a payment plan.
You also should consult any free tenant council or tenant unioin services in your local area, as laws and leases differ in different states and towns.
I once heard of this clause where you can get out of legally binding agreements within 48 hours or a week or something after having signed it. It would be too late now, though.
I think it would be best to explain to the landlord what you said, that he has nothing to take from her and wouldn't he rather find a tenant who can pay instead of her. I don't know whether it would make him stand on firmer ground or waver, but what if you said he'd probably have to evict her eventually because she truly hasn't the money to pay? LLs hate evictions, it costs a lot of time and money and they love to threaten them (I was threatened with eviction just this morning!) they hate it.
I don't know if it'd be necessary to go through an eviction process..... She never moved in...
Did she sign the lease early? Like on Oct. 3rd but the lease was dated for Oct. 20th? If so, even though it was signed, as long as the lease is not yet effective, she can cancel at anytime and not be legally responsible for it since it did not start yet.
It's gone effective, but she did sign it around September 10th or so and it wasn't due to go into effect until October 1st.....
Did she sign the lease early? Like on Oct. 3rd but the lease was dated for Oct. 20th? If so, even though it was signed, as long as the lease is not yet effective, she can cancel at anytime and not be legally responsible for it since it did not start yet.
That makes no sense. Lease agreements clearly state the lease term and whether the agreement was signed two weeks or two months prior to the beginning of the lease term makes no difference to the lessee's responsibility to comply with the terms.
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.
Quote:
Originally Posted by STT Resident
That makes no sense. Lease agreements clearly state the lease term and whether the agreement was signed two weeks or two months prior to the beginning of the lease term makes no difference to the lessee's responsibility to comply with the terms.
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.
Quote:
Originally Posted by Rhett_Butler
It's gone effective, but she did sign it around September 10th or so and it wasn't due to go into effect until October 1st.....
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