If the apartment lease was signed and no one moved in or took posession of the apt can we cancel within 3 days if something came up?

Question Details: Can we cancel and still get our money back if it is within 3 days? We don't have a copy of the lease and never took posession of the apt.

Asked 10/12/2009 under Real Estate | 281 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Real Estate Law Answers

You are thinking of a "3-day right of rescission" that is available in certain situations after signing a contract.  Unfortunately a lease is not one of them.

Frankly, you don't have many legal options. Having signed a lease, you may be held to its terms which includes paying rent for the entire term of the lease. The fact that you never took possession does not matter. 

That having been said, the landlord has a duty to "mitigate damages" (reduce) by re-renting the apartment and may not hold you liable under the lease once a new tenant starts renting. However, while the landlord must make a good faith effort to re-rent, that's no guarantee of success. You can help them and yourself by finding someone who will take over from you, either as a sublet or an assignment.  However, legally, you are responsible for the rent for the lease term or until the space is rented to someone else.

Related Real Estate Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com