CanI get out of my lease without a penalty?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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