[lundeenl]

Hello,

I signed a lease for an apartment that I planned on occupying 5/1/2009 in Washington state. I have since changed my mind for various reasons and want to know if I can legally get out of it without paying the 3 month penalty.

The date of the lease contract is listed 5/1/2009 and all of the dates next to my signature blocks is 5/1/2009. The Early Moveout clause is as follows:

You will beliable to us for a reletting charge of $XXXX.XX if you:
1) fail to give written move-out notice as required or
2) move out without paying rent in full for the entire lease term or renewal period

Am I in a situation where I cannot back out of this lease without the penalty?

Thanks for the help!

[excon]

Hello lun:

You cannot get out of the lease... Since you never moved in, you MIGHT be able to negotiate a lower termination fee. I don't know.

BUT, the landlord is required to rent the apartment as soon as they can to mitigate your damages.. If you think they can rent it right away, then I wouldn't offer anything. Tell them you'll discuss the three month penalty AFTER the apartment is re-rented.

If I haven't made myself clear, no matter what the lease says, if they rent your apartment in ONE month, they can only asses a ONE month penalty.

excon