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  1. #1
    Join Date
    Apr 2010
    Posts
    3

    Default Breaking a Lease Before It Starts

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

    I have signed a lease with 6 other people on a 7 room house about a month ago. We can not move in till July 1st. Since then, some issues have come up between myself and the other future roommates that has lead me to decide I can not live with them due to many disagreements and whatnot.


    I am going to talk to the landlord to find out what can be done about this, as some other issues will prevent me from being able to uphold my end of the agreement, mainly being unable to find another job, so paying rent won't be possible.

    However, despite telling my roommates that I intend to break the lease, which has yet to start, they have told me they plan to take me to court if I do break it over the future rent, or unless I find someone to replace me

    The problem with finding someone else is I know no one outside of the people I was intending to move in with, and they are a closed-minded kind of people and would never agree to anyone I did find.

    My question at this point is what are my options, and can they legally take me to court over this even though the lease hasn't started? Obviously things could change depending on what the landlord says, but I want to find out my options as of now. I am fine with paying a fee for breaking the lease if necessary.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Kansas - Breaking Lease Before It Starts

    My question at this point is what are my options, and can they legally take me to court over this even though the lease hasn't started?
    Once you sign that lease, you are bound by the contract it creates, regardless of whether you've moved in or not.

    Your options are as your roommates state - find a replacement or prepare for court. If you make a reasonable effort to find a replacement and they insist on rejecting everyone, any claim they might make in court would most likely be rejected.

    Start placing ads on Craigslist and in the newspaper.

  3. #3
    Join Date
    Apr 2010
    Posts
    3

    Default Re: Kansas - Breaking Lease Before It Starts

    So If I activly look for a replacement and they don't accept anyone I find, then they can't hold me accountable?

    Also, what if they hinder me talking to the landlord? I don't have his number and They are not giving it to me.

    And finally, what about threats of physical harm?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Breaking a Lease Before It Starts

    So If I activly look for a replacement and they don't accept anyone I find, then they can't hold me accountable?
    It would be up to the court to decide, but typically, if you can demonstrate that you've made a real effort and all applicants have been rejected out of hand, you'd be found to have no further liability.

    Also, what if they hinder me talking to the landlord? I don't have his number and They are not giving it to me.
    And you lack the wherewithal to find it out for yourself? You signed a contract with someone who's name and address is not listed on the contract you signed?

    I'm given to understand that there's this research tool...it was developed by the Department of Defense back in the '60s, and is still in use today? Try that.

    And finally, what about threats of physical harm?
    Oh, come now.

    Irrelevant to the issue at hand. If they're threatening, file for a restraining order. It still won't get you out of your contractual obligation.

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