Can I cancel an apartment lease after signing but before moving into the actual unit?

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Can I cancel an apartment lease after signing but before moving into the actual unit?

We signed the lease agreement over a week ago. The leasing agent has a “non-refundable” $500 check we used to reserve the unit. My girlfriend lost her job yesterday and we are scheduled to move-in next Friday. Without my girlfriend’s income, we will not be able to afford the apartment.

Asked on December 31, 2011 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you signed a written lease agreement for the unit you are wriitng about but have not yet moved in and all that needs to be done concerning the rental you are writing about is to move in, you are obligated under the written lease you are writing about unfortunately.

If you cannot afford the rental at this point due to the loss of your girlfriend's job, I suggest that you speak with the leasing agent to see if he or she will sign a release that you are no longer obligated on the lease. If that is not an option, another suggestion would be for you to try and sublease the rental to some third party.

 


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