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new lease hasn't started. what to do?

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new lease hasn't started. what to do?

Postby jenbooboo » Thu Nov 14, 2002 3:13 pm

My husband, daughter, and I just decided to move to Florida. We signed a 6 month lease that starts Dec 1st on Oct 18th. We want to leave either January or December. I told the LL this past Tuesday (18 days notice) that we wanted to vacate. He told me that we wouldn't get our deposit back, I guess that's OK, but ,also that we're liable for the rent for January if he doesn't rent it out. We were planning to stay for the month of December and pay for the rent.
Is it possible to cancel the 6 month lease if it hasn't started yet? How much notice is a tenant supposed to give if they don't want a new lease?

The LL is an awful man and my husband believes that he doesn't have the "good faith" to even make the effort to rent the apartment and just wants to sue us for the rent for the next 6 months. Is there anyway of knowing for sure that the LL makes that effort?

I'm so confused and stressed out of my mind. Financially we can't afford to pay for January's rent and a record on our credit would be detrimental to us.
Please help.
jenbooboo
 
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Re: new lease hasn't started. what to do?

Postby Phil Cohen » Fri Nov 15, 2002 2:54 pm

There's really no easy way out of this situation if the LL can't rent the apartment. A lease is a contract and the fact is that you are walking out on it. And no, there is no practical way you can ascertain if the LL hasn't made a sufficient effort to rent the apt.
On top of all that, the lease may have a standard attorneys fee clause, requiring you to pay his attorney fees if he wins (which seems likely).
Only one thing possible remedy comes to mind--I vaguely recall a law, which probably doesn't apply in this situation, giving consumers a right to cancel a contract after maybe 72 hours.
In any event, since you are in a bit of a legal pickle, a consultation with a lawyer on your predicament would probably be advisable.
Keep in mind that I am a tenant. Not a lawyer!!!!!
Phil Cohen
 
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