If I changed my mind after siging a lease and the leasing company agreed to cancel it and returnmy security deposit, what canI do nowif they won’t?

I signed the lease to rent a unit, however, the second day I changed mind and wanted to cancel the lease. The leasing company staff agree to cancelation in return for keeping the first months check and a $170 application fee (which I agreed to). But now, they won’t canel the laese after all.  In fact they have threatened to go to an attorney. Do I need to move in?

Asked on March 22, 2011 under Real Estate Law, Kansas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are never required to move in. Sounds like you agreed to an accord and satisfaction they offered you. Once they offered, and you agreed and you relied on that (especially if they had it in writing and you signed something to that effect), then they cannot go back and breach that agreement. Have them go to counsel; you will counter sue for breach of contract and trust me, the court will not look too kindly upon that. The landlord has to mitigate his damages by attempting to re-let the premises. At that point, you are liable if you don't move in for rent until they find a tenant. Then the accounting will begin to determine what you had paid thus far and what you owe additionally, if any. But they must mitigate their damages by re-letting the premises. Consider your options and at this point, consider filing a complaint against the landlord or management company with your local HUD or landlord tenant consumer protection agency.

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