How can I get out of a rental agreement lease which I signed if I haven’t moved in yet?

UPDATED: Apr 9, 2012

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How can I get out of a rental agreement lease which I signed if I haven’t moved in yet?

Asked on April 9, 2012 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, whether or not you moved in has exactly no bearing on your obligations under  the lease. If there is no written lease, only an oral one, you are a month-to-month tenant and you may provide 30 days notice terminating your tenancy. (That is, you are obligated for just one month of rent.)

However, if there is a written lease, then so long as the landlord honors its obligations under the lease (i.e. makes the space available to you, and the space is habitable) and did not lie to you (commit fraud) to get you to sign the lease, you will be obligated for the full lease term--which means you will be responsible for the rent for the full term.

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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