Can I get out of a lease I just signed for an apartment if I haven’t moved in yet?

UPDATED: Oct 5, 2011

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Can I get out of a lease I just signed for an apartment if I haven’t moved in yet?

I have signed a lease for an apartment my uncle has been living in for the past 2 years. His lease is over now, and he asked me to go on his lease with him. Which I agreed to and already signed papers. Now, coming to find out this particular apartment complex has already been on the news for burglary, shady management, mice, no proper maintenance. Another problem is, the management told me I should just apply as unemployed, so I would qualify for this low-income housing. I just feel so uncomfortable about this whole thing now. What to do?

Asked on October 5, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have signed a written lease for the unit that your uncle has been living in, you need to carefully read its terms in that it controls the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

Poetntially there may be some language in the written document allowing you to not have to complete the terms of the written lease if you have not moved into the unit yet. Most likely there will be no provision assisting your ability to get out of the lease as drafted.

However, if this apartment complex has a history of problems and the landlord or property manager did not advise you of such before you signed the written lease, you may possibly be able to rescind the lease arguing that had you known the true condition of the complex, you would never have entered into the lease.

I suggest that you meet with the landlord face to face to discuss your concerns about the rental and see if he or she will sign a written release of your obligation under the lease.

Good luck.

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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