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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.


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