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Sounds like you have Renter's Remorse

Posted by Provost on October 28, 2001 at 21:09:40:

In Reply to: can we break lease 5 days after signing? posted by steve on October 28, 2001 at 00:21:00:

Diagnosis: Renter's Remorse.
See also: Buyer's Remorse, esp. related to used-car purchases.

This tends to happen to those who failed to do their homework and investigate the apartment properly. In some cases people are just nervous after making a big decision and have last minute qualms. But if, as you say, "The infractions (health and otherwise) against the landlord are so great, we are not planning to move in," then why the heck didn't you notice these things before you signed the lease? Did you look at the apartment ? Or have you just let someone else scare you out of your new apartment before you even move in?

Of course you can do as you chose, and if the place really is horrible, not moving is the obvious and correct decision. But you probably stand to lose the security deposit. Maybe if you go back to the broker and explain the situation, the broker would agree to find you something else that meets your requirements. If you opt instead to fight her, you'd have to prove she both knew about the apartment, and then made some conscience effort to 'pull the wool over your eyes' when you looked at it. Good luck.

: Hi, We just found out the apartment we are supposed to move into tomorrow (we cancelled the movers) has been subject to all sorts of health problems and the landlord is one of the top ten slumlords in NY. Most of the tenants are moving out and we were warned not to move. The infractions (health and otherwise) against the landlord are so great, we are not planning to move in. Our question: Can we break the lease now, it has only been 4 days since we signed? And, should/can we go after the broker? She knew about the problems and didn't tell us. We read a clause in the lease stating that the tenant agrees the to take the apartment upon inspection, unless there are things that could not have been visible at that time. What is our best recourse? I suspect the landlord would sue because he seems to need the money. Please help!
: Steve

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