I recently signed a six month lease and put down first month's rent + a security deposit (equivalent to first months rent) on an apartment unit. Said unit was supposed to be nearly identical (verbal agreement) to a different unit I was shown. On the day of move in, it was far from similar - different flooring, walls, layout, etc.

I talked to the landlord in person who agreed to refund my security and first months rent, but did not want to take the time to locate the master copy of the lease to "officially" terminate it. My copy was taken and ripped (by the landlord) and all of the money was returned to me accompanied with a receipt.

My question is: am I still legally bound by the contract of the lease until it is "officially" terminated? Also, what are the grounds for "officially" terminating a lease? Does the master copy need to be destroyed? Does another form need to accompany it stating that the landlord and myself agreed to nullify it?

I did receive my money back which gives me some assurance that everything is square between the landlord and myself, but would really hate for this issue to come back and bite me in the behind if the landlord decides they want to uphold the binds of the lease, stating that I have not paid for the time they required to find another tenant.

Any insight on the issue is appreciated. Thank you.

You have a receipt and they gave you the money back, that officially ends the lease.
If you want, you can ask them for a letter stating that the lease has been voided.

What the landlord should have done is write Void on your copy of the lease and sign it.

How did he return your money? By check or cash? Do you have any proof he returned the money?

A letter reciting that it is agreed the lease will not be binding would be sufficient. A ritual of tearing up the paper is virtually unheard of and is entirely unnecessary.

To: ScottGem
The landlord returned the money via cash (the same way I paid). I have a receipt that states the amount was returned to me, which was signed by me only, not the landlord. So yes I believe that is proof.

To: AK lawyer
What are the grounds if I do not receive a letter? Am I still bound by the lease? Is there anything I can lawfully do in this situation or just play off what the landlord decides to do?

If you have a copy of a receipt you gave to the landlord for the return of the deposit which states refund of deposit. Then you should be fine.

Send him a letter:

This is to confirm our agreement to void the lease I signed for <insert address>. I'm sorry it didn't work out.

Send him a letterHello j:

Send it certified, return receipt requested.

excon