[ladon]

My daughter was going to rent an apartment last June, was required to sign the lease prior to move-in. She signed on June 2nd, was to move in on June 23rd. Cancelled Move-in on the 10th of June.

We just today received a summons in the amount of $7,000+, was charged for rent till re-rented in Dec. A Copy of lease was attached to summons and it is not signed by landlord. Is it a valid lease? They have never once sent anything prior to this saying that she would be held responsible, nor has she ever received any statements? Your opinions please?

[michealb]

I suspect that the landlord has a copy that he signed but didn't send you that copy. Sorry to here that this is happening. Check the copy of the lease that she signed there might be a provision in it for what happens when the lease is cancelled also check the laws of your state, county, and city. There might be a maximin amount that he is allowed to charge for a broken lease. Hire a lawyer and go to the summons is probably your only course of action at the moment.

[excon]

Hello ladon:

If she has her cancellation in writing, she might be off the hook since the lease never started. Whether they signed it has nothing to do with it, because all they have to do is sign their copy. Plus, they are not required to notify you before they sue you.

On the other side of the coin, the landlord is required to rent the apt as soon as possible to limit or mitigate your damages. $7,000 doesn't sound like a whole lot of mitigating went on.

I think your daughter will owe something. I'll bet with some friendly negotiations on the phone, you/she can probably settle this thing for, or I don't know, two months rent. If they are unreasonable, go to court.

excon