How can I break my lease if I haven’t moved in yet?

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How can I break my lease if I haven’t moved in yet?

I have signed onto a lease; the commencement date is in bout 5 months. However, my future roommate has told me I am no longer allowed to live with her in the apartment, and I do not want to since she has confessed to the authorities that she keyed my friends cars over a recent argument not even involving her. I simply do not feel comfortable living with her. Can I break the ;ease? Can I do this without losing money or my security deposit? She says she intends to find anoter roommate and I have 5 months until we are supposed to move in. Also, my guarantor never signed the lease.

Asked on January 28, 2013 under Real Estate Law, Delaware

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well but you signed the lease so unless the lease required a guarantor to be valid, I say you speak to the landlord and give both the roommate and landlord that you are being told you cannot move in.  It is not too late to have the landlord release you from the lease if the roommate intends on continuing on the lease. She will have to sign a new roommate so make sure you get this done now with a written surrender without consequence so you are not obligated on the lease.


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