First, you must check your lease. Some leases give you a chance to get out by giving a certain number of days notice. If your lease does not have such provision, talk with your landlord. He/she may be willing to let you out, but will likely want you to pay some penalty. You can always negotiate.
Under the law, if you break your lease, and your landlord sues you, he/she may be allowed to recover the following:
1) the cost of re-renting the property (i.e. advertising costs);
2) rent for the number of days the property remains vacant; and
3) the difference in the rent (i.e. if you are paying 1000 for 12 months, and they find a tenant who will pay 950 for 12 months, you will owe them 50 per month for the remainder of your lease).
However, realize that most landlord do not want to go to court and a court judgment does not guarantee that the landlord will get paid. As a landlord myself, I've had tenants who don't pay (worst case), I've also had tenants who just move out during their lease w/o letting me know. Both cases result with my going to court against the tenants and are unpleasant for everyone involved. Any reasonable landlord want to avoid both of these situations. So, if your landlord is reasonable, he/she should be willing to come to an agreement with you.
2006-08-18 05:05:57
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answer #1
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answered by mr_law_jersey 3
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If you faxed or sent back the signed lease then you are on the hook. You should quickly call the landlord and tell them your situation and ask to be let out of the lease. If the market is good they should be able to rent it out soon enough.
If they are resistant, perhaps you offer a token amount of money as a gesture for their taking the apartment off the market for you. Max out at paying the first month's rent - but don't lead with that offer.
2006-08-18 11:37:46
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answer #2
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answered by QandAGuy 3
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If you faxed the landlord a copy of the lease with your signature on it then you are under contract. Because you are more than thirty days from move in he/she may be understanding and let you out of it. The sooner you contact him/her the better. Don't wait till it's too late!
2006-08-18 11:38:33
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answer #3
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answered by PC 2
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The fax that you got was the 'actual' lease.
2006-08-18 13:09:48
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answer #4
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answered by Oh Boy! 5
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Did you send th signed form back? If not your prolly in the clear, if they have your sinature on it your stuck.
2006-08-18 11:36:40
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answer #5
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answered by absynthian 6
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