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MyQuestionIs
Feb 28, 2013, 08:36 PM
We have signed a lease agreement on a house out of state. Timing has forced us to secure housing sight unseen. We have not paid any application fees or a security deposit on this house. We have asked the landlord's rep to release us from this agreement, as we have determined the moving costs are higher than we expected, but the rep is dragging his feet and saying the lease is valid and is a ratified lease at this point because the people he represents are trying to find housing themselves out of state and will lose their deposit if my lease does not go through. What is my recourse?
Thank you.

ScottGem
Mar 1, 2013, 04:25 AM
Not much. You signed a contract. Even if money didn't change hands, the agreement was signed by both parties (I'm assuming). Therefore you are bound. And if they lose because you back out you could be sued for damages.

AK lawyer
Mar 1, 2013, 05:42 AM
Right. You have recited nothing which would be grounds for you to get out of the lease contract.

excon
Mar 1, 2013, 05:51 AM
Hello My:


What is my recourse?Offer a months rent to end it. Send them a check in a certified letter saying that acceptance of your offer is final payment.

Excon

MyQuestionIs
Mar 1, 2013, 07:53 AM
Thank you, all!

Mcsap9213
Mar 1, 2013, 09:29 AM
They can hold you responsible for rent for the entire term of the lease if they want to but I think excon's suggestion is your best course of action. They might demand another month or two though.

excon
Mar 1, 2013, 09:55 AM
Hello again, M:

Not quite... Unless the house is in Florida, every other state requires the landlord to mitigate the damages.. That means the landlord must try to re-rent the premises as soon as he can. Assuming this isn't a dump, ANY landlord ought to be able to re-rent a house within a couple months...

So, more than likely, you'd only be liable for about two months rent. He'd have to SUE you for it, then he has to be able to collect. You're out of state. He'd have a very hard time collecting..

If you follow my advice, he'd have a bird in the hand. Hopefully, he's smart enough to know that.

excon