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    Curtis510's Avatar
    Curtis510 Posts: 1, Reputation: 1
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    #1

    May 25, 2012, 12:28 PM
    No copy of lease presented when signed is it legal and binding
    Not only was copy not presented. We have sice decided we will not be moving in there. The move in was to begin July 12 with half a mont FREE as an incentive and they require a 60 day notice of termination. They only have a security depoist and nothing more. I notifed them today but not in writing shall I also do it in wrotong? I actually have until August 1 before the lease commences I beleie. However, no copy of it presented to me so don't really know. The depost check has cleared.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    May 25, 2012, 12:33 PM
    Quote Originally Posted by Curtis510 View Post
    Not only was copy not presented. We have sice decided we will not be moving in there. The move in was to begin July 12 with half a mont FREE as an incentive and they require a 60 day notice of termination. They only have a security depoist and nothing more. I notifed them today but not in writing shall i also do it in wrotong? I actually ahve until August 1 before the lease commences I beleie. However, no copy of it presented to me so don't really know. The depost check has cleared.
    You better do it in writing NOW... just because YOU don't have a copy (its easy to claim you don't even if you did)... legally all they have to do is present the signed copy they have... thats legal and binding.

    If you get lucky they can let you out with maybe an extra fee... otherwise they can sue you for the rent until they can find another tenant.

    If you handed them a deposit... papers WERE signed...

    What state was this in?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 25, 2012, 01:56 PM
    First are you sure the 60 days does not apply to the end of the lease, almost no lease allows you to break it before the end of the term. But you do it now, don't expect any of your money back and be glad if that is all you lose, I suspect they will bill you for at least two months rent, if not more, you are liable for ( in my opinion without reading the lease but guessing at standard terms) rent till they find someone else to rent it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    May 25, 2012, 02:08 PM
    Quote Originally Posted by Curtis510 View Post
    ... The move in was to begin July 12 with half a mont FREE as an incentive ... I actually ahve until August 1 before the lease commences I beleie. ...
    If the second half of July was free, the lease (if it exists) would probably begin on July 1.
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