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can a landlord break a lease before the lease term begins?
My story: i found a great condo for rent. i filled the application and lease agreement and had an appointment for today to give the landlord the security deposit and for her to sign the lease. but last night she sent me an email saying that her husband leased it to somebody else. the lease term doesn't begin until april 1st. now the landlord wants to give it to me but is scared of facing legal consequences for backing out of the other lease. what are her options as far as getting out of the other lease? i live in california
Public Comments
- Better move on. Avenge yourself by finding something better. Good Luck!
- Depends on who signed the lease first, she must give the condo to that person.
- Once the lease is signed it is a binding contract. The only way to get out of a lease is by agreement of both parties or if any part of the lease has been broken in any way. It does not matter that the term doesn't begin until april first. Since you didn't have a signed lease by both parties and no money changed hands you might as well get to looking for another place.
- there must be other places save urself the drama get a different apt
- I would have to see the actual lease agreement for certainty, but if the lease is signed by both parties (which almost always indicates that any moneys due have been paid as agreed according to contract) it is binding. Any breach would have to occur according to the contract unless you can find a loophole (IE: a rule that wasn't followed in the course of securing/finalizing the contract) It doesn't matter when the lease "begins". Occupancy begins on the specified date... the contract is finalized as of the date the parties leave their legal mark. As with all legal matters, you should consult an attorney. It will only cost you a hundred bucks max to have an atty look at this, so decide what will cost you more... leaving it as is and finding a new place or changing your plans. Unless the other party is willing to agreeably nullify it in concert with the landlord, you will be facing a court battle IMEO. (In my educated opinion)
- She can not get out of it. It is signed and binding. You have no lease and no obligations between you.
