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Thread Tools |
01-25-2004, 10:37 PM
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#1 |
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Registered User
Join Date: Jan 2004
Posts: 4
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Contract Law Question..
I payed a security desposit and signed a lease a month ago to move in Feburary for a 6 month lease.
Something came up and I have to move out of the city. Am I legally obligated to that lease since I have not 'accepted' the offer by physically moving in? I didnt see any specific terms regarding breaking the lease during occupany either... I dont expect the security deposit to come back, but have I accepted the lease even If I havent moved in yet? |
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01-25-2004, 10:47 PM
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#2 |
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Registered User
Join Date: Jan 2004
Posts: 144
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your signature makes you liable
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01-25-2004, 10:48 PM
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#3 |
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So Fucking Banned
Join Date: Oct 2003
Location: icq: 121189
Posts: 18,889
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wether you see them or not the terms are there
yes, if you break the lease you can be held liable for the balance of the agreement (i.e. 6 months rent) however, if you havent taken occupancy most leaseholders wont sue you, its not worth it. |
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01-25-2004, 11:09 PM
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#4 |
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Registered User
Join Date: Jan 2004
Posts: 4
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whats the acceptance of the offer?
the offer is the place. accepting it is the moving in. any other opinions? |
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01-25-2004, 11:11 PM
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#5 |
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Confirmed User
Industry Role:
Join Date: Dec 2002
Location: Los Angeles
Posts: 3,433
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YOU SIGNED A LEASE! YOU ARE NOW OBLIGATED BY LAW!
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01-26-2004, 12:33 AM
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#6 | |
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Too lazy to set a custom title
Join Date: Oct 2002
Location: Global Traveler
Posts: 51,271
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you're bound to that lease. basically you owe either liquidated damages or the amount of rent that's due until they find a tenant. they can't straight out charge you for the whole 6 months since they are under a legal duty to mitigate their damages by renting it out as soon as possible.
Quote:
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01-26-2004, 06:56 AM
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#7 |
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Confirmed User
Industry Role:
Join Date: Jun 2001
Location: Skype: ravo.fpctraffic
Posts: 5,444
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What does your State or Provinvial Landlord/Tenant Act say? It usually supersedes anything in the contract, or if the contract is silent on any issues.
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01-26-2004, 11:05 AM
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#8 |
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Confirmed User
Join Date: Nov 2003
Location: Penguin vs Devil
Posts: 745
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Each State has different Tenant/Landlord laws. Check those first before acting. I would say you are probably going to be held liable for some rent. Maybe work out a deal with the landlord to pay half month or something.... Who knows since you haven't moved in yet.
Most landlords will take all the money they can get without going to Court. It is in thier best interests IMHO. V
__________________
"Only the dead have seen the end of war." - Plato "In the abscence of orders, go find something and kill it." - Erwin Rommel "A man's worth is no greater then the worth of his ambitions." - Marcus Aurelius |
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