Can I rescind a signed lease4 days after signing it, if I have not given a security deposit or moved in?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I rescind a signed lease4 days after signing it, if I have not given a security deposit or moved in?

I signed a 1 year contract to rent a house. However, after riding by that weekend I saw that it was a two family house and people were outside hanging out and drinking in the street. I notified the landlord 5 days after signing the lease that I wanted to rescind the lease. There were no clauses in the lease that stated the amount of time that I would need to give to cancel the lease. I have not exchanged keys or given a security deposit as the current tenant’s lease ends in 2 weeks. My lease was to begin in 6 weeks

Asked on October 15, 2011 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you wish to rescind the entrance of the written lease that you signed, you need to carefully read  its terms and conditions in that the written document controls the obligations owed by you to the landlord and vice versa in the absence of conflicting state law.

Generally, written leases for residential property do not have a statutory basis to rescind like a loan to buy real property does. If the written lease is silent about the time to cancel it by rescission, then the lease does not have a provision allowing you to rescind it. Typically in order to rescind a contract there has to be fraud by one person, mutual mistake of fact for the entry into the agreement, duress, or one person does not have a mental capacity to enter into the agreement.

I suggest that you speak with your landlord face to face about why you want out of the agreement that you entered into and see if he or she will sign a document cancelling your obligation under the agreement that you signed.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption