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New Member
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Jun 28, 2010, 03:31 PM
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Terminating lease before move in
I signed a lease a month ago to move in July 1. On June 25th I lost my job and called on the 26th to the new place (private owner) and asked for my deposit back. I was told they would not pursue me for the 1year but would use up my deposit (1.5 months) until it was rented and they would return any left over monies if it rented within 6 weeks. I said I would be okay with losing 2 weeks but not the whole deal. There is no clause about early termination in the lease. I called 4 days before the move in date to cancel. Can they take my lease? Distressed
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Expert
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Jun 28, 2010, 04:05 PM
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 Originally Posted by needhelp32
I... There is no clause about early termination in the lease. ... Can they take my lease? ...
Yes, they can take your deposit.
What did you imagine the deposit was for?
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New Member
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Jun 28, 2010, 04:17 PM
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Damages and unpaid rent - after I moved in. I just thought since I never moved in and canceled before the lease was in effect that I would be able to get my money back. I could certainly see I would lose the deposit if I had moved in and then tried to terminate. Thanks
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Home Repair & Remodeling Expert
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Jun 28, 2010, 04:19 PM
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They are being fair with you regarding the deposit. They are saying if they rent in less than 6 weeks they will give you the extra money back, nice. Actually they could continue to hold you to the lease beyond 6 weeks if they were making an honest effort to rent. They can also charge you for any addition advertising costs, so basically you are getting off on the light side. A lease is a legal binding document and not just starting after the move in date.
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