Legal Rights to Leave Lease Agreement before Occupancy. (rental, security deposit, house)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I agree. Be swift and decisive. Put the property back on the market and send a notice to the applicant that the bounced check cancels the agreement, and wish him luck. If you are not sure if you can legally do this, check the language in your deposit agreement or check with an attorney.
Putting a sign on the lawn is not enough...at least thats how it is here in NJ. There has to be proof that the landlord actively tried to re-rent the property (place ads, renovations, showing place, taking calls). I would include names of folks in the letter that might be interested in renting out the apt. and see if he actually calls them. If he doesn't, that could be a problem for the landlord in court. Regardless, I don't see why a landlord would want to pursue a lease agreement as opposed to finding a reliable renter....seems like all that stuff is waaaay more trouble than its worth. Especially if the renter lost income due to some circumstance. I think the OP landlord is trying to capitalize on a situation that he doesn't know much about...but I guess it depends on the state.
Quote:
Originally Posted by mathjak107
although courts here in ny have said the landlord has a duty to mitigate damages its never been stated what the duties are... planting a 6" sign on the lawn and nothing else may meet those requirements...
In NJ I believe you have 48 or 72 hours (I forget which) after signing to back out AND during that time the landlord is NOT allowed to cash your security check. You should look up the laws in your state to see if that is true where you are.
A contract is a contract wether it is to begin now, ten days from now or ten years from now. If a tenant signs a lease and then decides two minutes later that they want to live for free with their girlfriend or somewhere else...it makes no difference. The Landlord is entitled to the full term of the lease.
Nope! The LL has to try to get another tenant and the tenant can help searching actively for a replacement tenant to have the LL rent to. From the moment the new tenant signs the lease the previous tenant isn't responsible to pay any rent due to the fact that a LL isn't allowed to get rent twice for one property.
It is just a normal and reasonable thing and good thing it is in place. The tenant who backs out is responsible up to that day, how sad it is what happened...but contracts are contracts and that counts for both sides.
Nope! The LL has to try to get another tenant and the tenant can help searching actively for a replacement tenant to have the LL rent to. From the moment the new tenant signs the lease the previous tenant isn't responsible to pay any rent due to the fact that a LL isn't allowed to get rent twice for one property.
It is just a normal and reasonable thing and good thing it is in place. The tenant who backs out is responsible up to that day, how sad it is what happened...but contracts are contracts and that counts for both sides.
for a whole lot more on this see the thread lost job and broke lease... this can be alot more complex and twisted depending on your state and even court district....
in our area the landlord mereley putting a sign on the front lawn can fulfill his obligation of trying to mitigate damages.. the ruling on this stopped short of actually spelling out exactley whats required other then help tenant mitigate damages... . depending on even the court district in the same state you might have a different outcome....
in fact in alot of states the tenant may not be free because a new tenant was found... that tenant may be considered a sub ttenant if the landlord chooses to do so.
my son was interning in housing court where the judge upheld that the landlord was under no obligation to make the tenants replacement his tenant and because they both couldnt find a tenant at the same rent amount but at a lessor amount the origional tenant was responsible for the difference each month.. you really have to check to see whether the landlord has a choice... more and more in landlording im finding there is more we dont know about how things work then we do know once we get to court..... not only are you dealing with each states ideas about contracts but the big player can be sympathy... whether or not that district court has a history of being pro landlord or pro tenant.... thats the big factor in these parts... (ny)
each visit to a judge in a different district or state can produce results that will just blow you away with the verdicts
hi! i have a question... i'm french and i'm leaving in the States, in Oregon. I'm thinking about moving out from my place but i don't know really well which rules i have to follow: what's the legal period to warn the landlord before to leave? do i have to give the landlord money for living? Thanks!
hi! i have a question... i'm french and i'm leaving in the States, in Oregon. I'm thinking about moving out from my place but i don't know really well which rules i have to follow: what's the legal period to warn the landlord before to leave? do i have to give the landlord money for living? Thanks!
If you have a lease agreement you have to abide by its terms. If you're on a month to month then you should give a month's notice to your landlord.
Did she place a deposit? I think she would lose that, and if she could find a leasee to rent it from him, she should be off the hook. DO NOT SUBLET> IF THEY FAIL TO PAY< SHE'S RESPONSIBLE FOR EVERYTHING. Truthfully, why would he want a non payer in there anyway? There is no one to evict, and will be real hard in court and more $ trying to get blood from a stone. I bet he already re-rentied and wants double rent since she is out of state, and can't check into it. I think that because she did not move in, she would lose only her deposit. I would call his bluff, and just disappear. It costs money to look people up, serve papers, and I believe he would have to go to you, not you go to him, since he is serving your mom. Out of state is a hassel. He'll drop it.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
