CanI get out of my lease without a penalty?

UPDATED: Dec 9, 2011

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CanI get out of my lease without a penalty?

I want to break my lease due to the fact it is loud and not at all what they said the environment would be like. Also I asked to speak with a manager about breaking my lease without penalty and he said I had to go through him leasing agent. I just moved in a few days ago and would owe nearly $2000. Also, the lease papers I “signed” were “signed” electronically. Does the fact that I don’t have the lease papers help my cause? The charges are $1200, plus this month’s rent.

Asked on December 9, 2011 under Real Estate Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you can get out of your lease without any penalty would first be determined from the language of the written lease that you signed in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

I would carefully read your lease to see if you have grounds to end your lease without recourse due to how loud the environment is for you. I also would speak with the property manager about your desire to end your lease. If he or she is willing to let you end it without recourse, make sure you get a signed written agreement to this effect. If so, make sure you keep a copy of the signed agreement for future need.

If you did not actually sign the lease in your own hand, then possibly the electronic signature may allow you a basis to end the lease without recourse. I suggest that you consult with a landlord tenant attorney further about your situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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