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Breaking a Lease
Two weeks ago I went and put a $75 deposit down on an apartment and signed a lease. The apartment wasn't supposed to be ready until Sept 26th. I got a call on Aug 30th stating the apartment was ready, but the very next day, situations arose that are going to keep me from renting the apartment. I informed them of my change. The apartment manager was not in so the employee had to get back with me. Can anyone tell me for Kansas how this might effect me and/or what my options are since all this came about before the apartment wasn't even supposed to be ready yet?
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Once you sign a lease and pay a deposit, you are legally bound by the terms of that lease.
So read a copy of it, and see why you are allowed to break it. I would assume you will be responsible for the rent till they find someone else to lease it. At a min you will be responsible for first month rent and loose your deposit. It is the signing of the legal document, since you knew it was not going to be ready. Maybe the manager will be nice and let you out, I would go down and see them personally. |
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The apartment being ready early or you changing your mind before moving in will have no bearing on the legalities of a lease. Its really your mistake for signing a lease when you won't be making good on that. Like Fr Chuck said, best to have a face-to-face chat with the landlord. Maybe they will graciously release you from it, especially if its easily re-rented. Don't be surprised if there is a financial penalty to it. Be business-like. Get everything in writing, including providing your landlord with notice to terminate the lease. Some states provide that the landlord must make efforts to re-rent the place, in which case you'd only be responsible for the rent until then. Good luck.
Here is the website to Kansas Tenant Information that isn't so helpful, but when I look up the State of Kansas statutes that pertain to breaking residential leases, my search came up with over 700 entries, yikes! |
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As Chcuk said you are bound to the terms of the lease. What I'm concerned about is whether the 9/26 date was put into writing. If it was, then you should not owe anything prior to then. Even if they informed you the apt was ready early, unless you agreed to move in early, then you aren't responsible for that portion.
You can probably kiss the $75 goodbye. You could also be held responsible for any lost rentals. I would talk to the manager and see what they say. I would not hand over any money unless they start court proceedings. |
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