OK here goes. lease in apartment is not up until the end of the month. signed a new lease which doesnt start

Question

until the 1st of august. can i break this lease w/o any reprocussions since technically it hasnt started yet? best answer gets 10 points!!

forgot one thing this is a renewal on the same apartment...

Answer 1

The start date has nothing to do with it. You sat down to read the terms and conditions of the lease, and you signed it. The act of you signing the lease and along with the lessors (they signed also) means that you are promising to do whatever that lease says, and that the lessors are promising you to follow through with what that lease says, in exchange for monies.. Ex: You give them $1500/month..in exchange for you to live in the property..

You've made a legally binding promise to eachother. There may be out-clauses in the lease, like : Job Transfer Clause or there could be laws in your state (doubtful) that say you could end the lease prior to the start date.. but I seriously think it's too late. You're legally stuck. You can get out of living in the house by paying the total amount of the lease...or if the lessor agrees to let you go at no-cost or a smaller amount than the total.

Good luck!

Answer 2

Depending on the contract, you may or may not be able to break the lease. As it was said before, technically, you haven't done anything but sign a piece of paper. Even though you are living in the apartment right now, it is a new lease and should be treated like you were moving into a new place.
Here's the catch: a lot of contracts give you three days to cancel your lease. Some specifically state it, and others rely on their state's statute to determine when a contract/lease is legally executed.
Generally, a contract consists of three things: an offer (I'll give you the right to this property...), consideration (...if you pay me $1000 per month), and acceptance (i.e., you giving your landlord money and her giving you property).
So the big issue here is that you don't have the property yet, even though you are currently living on it. You haven't paid her, and she has not given you anything just yet. So there has only been an offer with no consideration, and (obviously) no acceptance. Had this been a week ago, you would have been fine. But with the 30 days notice that a lot of states require, you may be out of luck and taken to court. By giving thirty days notice, you give your landlord one month to find another suitable tenant. 30 usually is enough, and even 14 days is usually enough (depending on the property, location, and price), but if your landlord strictly construes her contract, you may be **** out of luck.
Of course, always consult a lawyer before doing anything that may get you into legal troubles, but I hope my answer helped you out a little bit!

Good luck!

Answer 3

Probably not. Your lease is a contract. You have promised to perform by paying a certain amount of money. If you fail and refuse to perform, the landlord probably will have every right to seek damages from you.

That being said, some leases build in clauses regarding failure to take possession and you should refer to your lease.

I can't tell if your new lease is with a different landlord at a different place or you're just extending your time in your current location. The answer might change based on that.

You should contact your landlord AS SOON AS POSSIBLE to inform him that you will not be taking possession on August 1. This gives the landlord the maximum amount of time to find a new renter. The sooner the place is re-rented, the less the landlord's damages and the less you will have to pay.

Answer 4

You signed a lease, but yet have taken possession correct? so you do not have keys or access to the unit yet, have you given the Landlord any monies yet?

If you have not given the Landlord any monies yet, then if you call and break the lease July 5, 2006; I doubt the landlord would sue you or be success full

When one party breaks a lease each party has a legal duty to mitigate their damages, so in the new LL case he would have to by law try all July to find a renter for Aug, plus no damages during this time because the lease with you does not start until Aug 1

now if you gave hims some monies the LL may have called it a non-refundable deposit and will not give it back to you

Answer 5

It depends on what is considered proper notice of your deciding to break the lease. In some places it is two weeks, in other places it is a month. Check that first.

Answer 6

most of the time the landlord will charge you a certain amount to get out of the lease. i would talk to that person as soon as you can and see what you can work out with them. at least then it won't mar your person as being irresponsible.

Answer 7

Thanks for the 2 points too!

Answer 8

thanks for the 2 points jackass ha ha lol!!!!!!!!!!!!!!!!!!!!!!! now what?u did it to me so i did it back