Signed the rental Lease and dont want to move in. Is it a breach of contract

We are a family of four in Florida and wanted to move to Atlanta GA, hence found a home for rent in Atlanta and even signed a lease couple of days ago. However, due to some personal reasons and family issues we have decided not to move to Atlanta from Florida. We have signed the lease and the move in date is Jun 15 2018 but we have not paid any security deposit or first months rent. Basically, we have not yet moved in and not collected the keys. The realtor one of the old establishment in GA says that since it s a breach of contract they are likely going to say its a legal matter and ask us to pay penalty charges. I wanted to seek legal opinion in this matter as to whether this is really going to affect us or does this legal case, if there is any, holds good or even possible. Especially, since we have just signed the lease but not yet moved in or paid any money.

Asked on June 4, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, if you signed a lease you are obligated to it, so if you don't pay the rent due under the lease, you can be sued for "breach of contract." It doesn't matter if you haven't provided the security deposit or first month's rent yet, received keys, or moved in--you are obligated from the moment you signed the lease. Whether or not they choose to sue you depends on whether they think it is worth their while to do so, but you are legally liable for the rent due under the lease.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, if you signed a lease you are obligated to it, so if you don't pay the rent due under the lease, you can be sued for "breach of contract." It doesn't matter if you haven't provided the security deposit or first month's rent yet, received keys, or moved in--you are obligated from the moment you signed the lease. Whether or not they choose to sue you depends on whether they think it is worth their while to do so, but you are legally liable for the rent due under the lease.


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