Results 1 to 6 of 6
  1. #1
    Join Date
    May 2008
    Posts
    2

    Angry Terminating A Lease Within 24 Hours Of Signing, 10 Days Before Moving In

    My question involves landlord-tenant law in the State of: California.

    We (my wife and I) looked at some Apartments for rent. We looked at several complexes, until we got to the last one. It was beautiful, and close to everything and very convenient to get to and from work. We signed the lease the same day, and in hindsight we probably should not have rushed into it. Okay, lesson learned. Now, We've also been looking for some businesses and an opportunity came up very next day after signing the lease. The location of this business is very far (~200miles), so we can't live here and work there. I called and left message with the Apartment mgmt asking saying I may need to terminate my lease, within 24hours. We put down $500 deposit at the time we signed the lease, so I figured, at worst, I will lose that Deposit. After leaving the message, I called again and this time someone picked up the phone. I explained my situation about cancelling the lease and I was told that their policy does not have a "grace" period, and if we cancel the lease, then we owe them an additional month of rent.
    My question is, Can they do that? What would happen if I let them keep my deposit but not pay the additional month of rent, if we end up in court, how likely is it that I will be made to pay that amount. Now, keep in mind that this is a brand new Apartment complex, no one has lived in the unit that we were going to move into, and several others.
    What is my best way to approach this? I will be delivering a written notice to terminate the lease today (2 days after signing the lease) to make this official. I am waiting for them to fax me the lease, (I didn't get a copy before I left, even though I had asked for one.)

    Any information or direction would be appreciated.

  2. #2
    panther10758 Guest

    Default Re: Terminating A Lease Within 24 Hours Of Signing - 10 Days Before Moving In

    California Tenant/Landlord regulations can be found here

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,387

    Default Re: Terminating A Lease Within 24 Hours Of Signing, 10 Days Before Moving In

    What's the lease term? If this is a one-year lease, and there's no provision in the lease for early termination, your landlord could conceivably pursue you for rent until a new tenant is located for the apartment. If there is a provision for early termination, it would be a rare lease that offered something more generous than paying a couple of months rent.

  4. #4
    Join Date
    May 2008
    Posts
    2

    Default Re: Terminating A Lease Within 24 Hours Of Signing, 10 Days Before Moving In

    The lease term is 13months, with first 2 months free. I think I'd really be more helpful if I have the lease in front of me. The first poster sent me a link to California Tenant booklet, which indicated that once the lease is signed, I'm stuck, whether I moved in or not. I have not even taken posession of the keys or anything.

    Sean

  5. #5
    panther10758 Guest

    Default Re: Terminating A Lease Within 24 Hours Of Signing, 10 Days Before Moving In

    That is correct its not likely you can get out of this without it costing you money. BTW the two months free is in exchange for lease since you want to break lease it reasonable to assume the two months free is void

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,644

    Default Re: Terminating A Lease Within 24 Hours Of Signing, 10 Days Before Moving In

    You can gamble on it not costing you more if you don't pay the penalty, or you can pay the penalty and close the books on the problem. If you break the lease, they are supposed to make a reasonable effort to cover their loss by finding a new tenant. However, if this is a multiple-unit complex, they can make your unit the last one they fill. So if they typically aren't at 100% occupancy, it could be many months (and perhaps the entire lease term) before your apartment is filled. So be careful.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 5
    Last Post: 08-16-2011, 11:02 AM
  2. Employer Terminating Me For Not Accepting New Hours And Days
    By ns3asmith in forum Resignation and Termination
    Replies: 4
    Last Post: 01-21-2008, 03:22 PM
  3. Moving Out: Terminating a Lease Before Moving In, in California
    By evanl23 in forum Moving Out
    Replies: 13
    Last Post: 01-08-2008, 09:10 PM
  4. Moving Out: Terminating a Lease Within 24 Hours
    By rxraza in forum Moving Out
    Replies: 1
    Last Post: 09-29-2007, 07:32 PM
  5. Rental Agreements: Cancelled Lease agmnt w/in 3 days of signing - Pay?
    By sharon in forum Renting and Moving In
    Replies: 5
    Last Post: 05-17-2005, 09:28 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Lease Forms
Residential or commercial lease forms for all states.




Untitled Document