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Breaking a just signed lease

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Breaking a just signed lease

Postby JLUZ1 » Sat Dec 21, 2002 11:07 am

Is there any grace period to reconsider a lease? I just signed it yesterday and am now convinced I am paying too much.
Also, I did not get a copy of the lease- they told me they would mail it to me- is this normal and customary?

Thanks
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Re: Breaking a just signed lease

Postby NYCkid » Sat Dec 21, 2002 6:51 pm

I think you are bound to that lease. It is a legal agreement. Unless you can negotiate with the landlord that for some reason you made a mistake I think you are bound to it. I am sure if you get him to do this you will have to pay him some sort of kill fee.

You not getting a copy of the lease when you signed it was your mistake. You are supposed to get it then. I think that they are supposed to give it to you if they havent yet if you request it. Go to their office where they should have it and a photo copy machine. Get it before you ask to get out of the lease.

Either way, it seems like they saw you coming.
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Re: Breaking a just signed lease

Postby Cranky Tenant » Sun Dec 22, 2002 1:10 am

Most contracts have a "three day cooling off period" though I don't know if that applies to leases. And there may not be a legal contract until an "executed" or signed lease has been given to you by the LL.

There was at least one story on this forum about a LL who reneged on a lease offer after the tenant had signed and returned the form.

If you're firmly decided you don't want the apartment your best move would probably be to cancel the check immediately. That's probably the best wa to send a clear message you have no intention of renting the apartment or entering into the lease.

<small>[ December 22, 2002, 12:13 AM: Message edited by: Cranky Tenant ]</small>
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Re: Breaking a just signed lease

Postby Chimera » Mon Dec 30, 2002 11:48 am

The grace period after signing a contract applies to buying a house, not leasing an apartment.
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Re: Breaking a just signed lease

Postby consigliere » Mon Dec 30, 2002 6:14 pm

The three-day cooling off period to cancel a contract usually applies to door-to-door sales.
 
Here's what the Federal Trade Commission has to say about The Cooling-Off Rule - When and How to Cancel a Sale.
  
And here, from the Code of Federal Regulations (16 CFR 429), are the Federal Trade Commission's regulations governing the cooling-off period for door-to-door sales. The regulations specifically exclude the sale or rental of real property from the three-day cooling off period.
 
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Re: Breaking a just signed lease

Postby Cranky Tenant » Mon Dec 30, 2002 7:47 pm

As usual consigliere seems to be correct, though contrary to what NYCKid says, the LL is obligated to give you a signed copy of the lease.
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Re: Breaking a just signed lease

Postby NYCkid » Thu Jan 02, 2003 5:41 am

Originally posted by Cranky Tenant:
As usual consigliere seems to be correct, though contrary to what NYCKid says, the LL is obligated to give you a signed copy of the lease.
I actually said that the LL is supposed to give it to you if you request it, but not getting a copy on the spot was the tenants own mistake.
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Re: Breaking a just signed lease

Postby lappert » Thu Jan 02, 2003 12:47 pm

Consigliere is more correct. The LL must give the tenant a copy of the lease whether he/she asks for it or not. Otherwise there is no proof the LL has executed it. Leases can protect tenants as well as bind them. Remember, there are three parts to a lease or contract. First the 'offer' is made (presumably by the LL). The tenant may 'accept' the offer (by signing). The LL then 'executes' the lease (by signing and returning a copy). While cooling off periods don't seem to apply to residential leases, there may be instances where this might work -- consumer law is sometimes applied to tenant law. In NY this happened with Fair Debt practices. If a landlord fails to return (execute) a lease, or if for some reason the unit isn't ready, or if some of the terms (price/services) change, there may be legal grounds to claim the lease was never in full effect. For example, see http://www.gov.mb.ca/cca/rtb/lifelease/cancellation.html. -- a Canadian example.
Some of these rights might exist in common contract law, but some might be in statutory law depending on the location, state or fed govt.
And check the lease itself. Some leases have cancellation clauses or failure to perfom clauses.
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Re: Breaking a just signed lease

Postby NYCkid » Thu Jan 02, 2003 1:19 pm

Thank you for making the technicalities clear. Just out of interest, in a stabilized lease, can you waive any of your rights that are guaranteed to you under rent stabilization law?
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Re: Breaking a just signed lease

Postby HAJ77 » Thu Jan 02, 2003 2:02 pm

While you could sign a document waiving your right to rent regulation (I have no idea why you would want to do that) that document would be illegal and not stand in court. The rent rgulation laws are between the state of New York and the property owner not the tenant and property owner, so courts will nullify any document since it's inherently illegal.
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Re: Breaking a just signed lease

Postby Cranky Tenant » Thu Jan 02, 2003 2:49 pm

Under Rent Stabilization, the LL is required to provide a Rent Stabilization Rider which outlines the tenants rights. And if memory serves me correctly, tthe rider says, essentially, that not all of the terms of a lease may apply under RS

NYC New didn't mentioned whether or not the apartment is RS but here's an interesting paragraph from
Rent Administration Fact Sheet #5

A tenant who does not receive a copy of the vacancy lease and/or Rider should first contact the owner. If the owner fails to provide the vacancy lease or the Rider, the tenant may file a Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease (DHCR Form RA-90). DHCR will issue an order directing the owner to provide the tenant with the vacancy lease or the Rider. If the owner does not comply with the order within 20 days, the new rent increases will be postponed until the vacancy lease or the Rider is provided. The owner may also be fined.
While failing to provide the tenant with a signed copy doesn't nulify the lease this would certainly imply ( at least under rent stabilization) that signing the lease doesn't necessarily make it a "done deal."
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