Getting Out of a Lease Before Moving In

[aki]

:roll:
We signed the lease, but items has been added and changed since then. We would like to get out of the lease and we do not want to move in this place. They have my security deposit (1.5 month) and 1st month rent.
Anything I can do?[/b]

[SteveG]

What changes have been made and how have they been made?

[aki]

The original move in date was Nov 1st when we signed. It was changed to Dec 1 (we knew this), but the realtor replaced the top page with original signed page. Initially, we put in the condition of allowing us to break the lease with 60 day notice. It was changed to "after the lease expires, tenant has option to extend with 60 day notice". I initial to the change. However, there is one sentence it was added with typewriter without our knowledge. "If any of the item on the lease is illegal, the rest remains in effect".
My husband says this contract is totally invalid because 1) they changed after he signed. 2) they only have my initial to the changes. 3) they added something without our approval
Any thoughts?

[SteveG]

Among other things, there has to be a meeting of the minds, meaning you have to be agreeing to the same things.

If there were any changes made without your knowledge and approval, then the contract is void, unless you ratify it by abiding by the contract anyway, or at least don't complain about it. Initially changes is used to demonstrate that the parties were are of the changes and agreed to them.

Have you discussed these problems with the realtor? The realtor's reaction should give you a good idea if you will have to fight for your money or not.

[Mr. Knowitall]

If you admit to the validity of all terms of the lease except the typewritten line, a court will probably uphold the lease. If the landlord contends that the line was present when you signed the lease, the judge can avoid trying to determine who is telling the truth by simply holding that line immaterial to the dispute, as nobody is contending that any provision of the lease is unlawful. If the landlord admits changing the lease (which is unlikely), the court may well still find that the conduct, while wrongful, doesn't change the material terms of the lease and thus of itself shouldn't excuse you from compliance. There may be state consumer law remedies for such an alteration, if proved.

Have you objected to the additional typed clause? If so, what was the landlord's response?

[aki]

Thanks for your thoughts.
My husband expected to sign the revised lease, instead it was changed with the initial signature. He is pretty upset about it and does not believe it is valid. We left the original contract with security deposit and first month rent. The realtor was paid as well.

The other thing was originally, the lease said "central air conditioning" on the items included in the lease, then "central" was crossed out and we realized the house did not have C/A system. In my opinion, the house is not what we thought and suddenly we do not like it. (I did not initial on this one as it was never mentioned it).

My realtor says all these changes made is "minor" and "no big deal". I called the landlord try to resolve friendly way, but she was firm saying "you sign the contract, you are responsible". My husband is ready to fight for it.

My question is.... while this is going on, can I sign the lease because we really need a place to stay. Why not resolve this with this landlord? I guess our landlord/tenant relationship started out badly and we do not want to deal with it.

[aaron]

The other thing was originally, the lease said "central air conditioning" on the items included in the lease, then "central" was crossed out and we realized the house did not have C/A system.

Before or after the lease was signed?

[aki]

ALL these changes I mentioned were AFTER the lease was signed. My husband says he did not have opportunity to review the changes before he signed. Just because they attached the original signature to the lease. As for "Central Air" part, the landlord initialed it, but neither of us did. I was told it is impossible to get the commission back from the realtor, but it is kind of the realtors fault for not doing the process right, too.

[Mr. Knowitall]

I suggest you consult a real estate lawyer who handles landlord-tenant matters, and have your situation reviewed.

[aki]

We are meeting a lawyer today. Thanks for the help!