If you sign the rental application but have not signed the lease or given a deposit, can you get out of renting the apartment?

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If you sign the rental application but have not signed the lease or given a deposit, can you get out of renting the apartment?

I live in Boston and I’m looking for an apartment. I found one that was OK so I filled out the rental application and was accepted by the landlord. I have not signed the lease or given a deposit yet though. I recently found another apartment which works better for me. I want to know if I am bound legally to take the first apartment?

Asked on July 26, 2010 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

There is no easy or general answer. It depends entirely on what the application and any associated documents say. It would be legal for the application to bind you to accepting (renting) an apartment, should one be offered under the terms you applied for. It would be also be legal for an application to merely ask that you be evaluated or considered for the apartment, without obligating you to lease it. You should take the application, any and all other documents and corresondence, etc. to an attorney with landlord-tenant experience who can evaluate them for you and determine what  your legal rights are in this situation. (As a general matter, whenever an issue turns on some document, whether contract, lease, application, insurance policy, etc., the answer will often be governed by the specific terms of that document.)


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