My senior citizen mother signed a 1 year Lease Agreement 3 days ago and now because of some certain health situations and the fact she cannot afford it, she has called to cancel the agreement. She has not even moved in the apartment yet. We told the manager before she signed that we saw several Brown Recluse Spiders in the storage area and inside the brand new apartment. She said they would have someone spray. According to Texas law is this legal for her to cancel? I have always heard you have 3 days to cancel a contract or agreement. The Apartment Manager told her she could not cancel the 1 years lease agreement, that she would be responsible for the 1 year rent up until they could re-rent the apartment. Please help!

The 3 day right to cancel is for contracts signed in someone's home. It doesn't apply when you go to a place of business and sign a contract.

Is your mother competent to make decisions? I can't understand how her health and finances could have changed so drastically in 3 days.

Hello d:

No, as Emland pointed out, your mom has a valid contract. But, since she didn't move in yet, she can probably buy her way out of the lease with a months rent or so. It's going to cost her something. If she cancels, it's going to cost more than if she negotiates.

excon

The 3 day cancel is for an unsolicited sale made at your home, door-to-door type salesman. Can't afford is not a baseis for canceling and her health issue wasn't explined so I'd say her contract is valid until the unit gets rented to someone else. The management will not be obligated to make this the next unit rented. I'd go with excon's thought about offering a buy out.