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  1. #1
    Join Date
    May 2006
    Posts
    39

    Angry Cancelling A Lease Before Moving In

    On jan 5th i signed a lease with a rental agency. my deposit was $715. I paid that. then I told them i would move in on jan 15th so they pro-rated my rent for jan. in the amount of $260.50. I paid both the rent and the deposit on jan 5th when i signed the lease. I went back on jan 8th and to them I changed my mind about the apartment and I wanted my money back. i was told there was no way I could get my money back because the money was already deposited into their account.

    Why cant I get my money back if the lease is not effective yet?
    I have not moved in yet. I dont have a key and they will not give them to me until the effective date of the lease.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: not moved in yet....

    The lease was effective - you just hadn't reached your move-in date.

    Does the lease say anything about cancellation in advance of the move-in date, or early termination of the lease?

  3. #3
    Join Date
    May 2006
    Posts
    39

    Default Re: not moved in yet....

    the lease says that either i or the landlord may terminate the lease at any time with a 30 written notice to the other party..

    if i give them a notice today i can move out by the end of feb but will i get my money back?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: not moved in yet....

    Arguably it would mean that you could cancel and only pay rent from January 15 (the move-in date) through February 9 (thirty days from today), but you would have to be out by February 9. (Or possibly February 8 instead of February 9, if yesterday is considered the notice date.) Did you give written notice?

  5. #5
    Join Date
    May 2006
    Posts
    39

    Unhappy Re: Not moved in yet, and want to cancel lease

    Not yet. Since I am not planning on moving in at all. but i figure this is the only way i can get my deposit back.

  6. #6
    Join Date
    May 2006
    Posts
    39

    Default Re: Not moved in yet, and want to cancel lease

    well after talking to the realtor, i have devided to keep the apartment. if i give a notice now, i will not get me security deposit back because i will be breaking my lease I guess thats why they say look before you leap! any way thanks for your help.

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