If I signed a lease to move into an apartment next month but nowI don’t want to move in, what can I can do?

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If I signed a lease to move into an apartment next month but nowI don’t want to move in, what can I can do?

The apartment company doesn’t want to find other renter.

Asked on March 21, 2011 under Real Estate Law, Kansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The apartment company must find another renter. You are not bound to stay just because the apartment company refuses to find another renter. In fact, let them not mitigate their damages and they may be held liable to you for failing to mitigate their damages. This is a classic example of landlord tenant law. If your contract doesn't allow you three days or so to back out of this contract or if it did and time period has lapsed, you would still be held liable for the rent until such time as the apartment landlord/owner finds another tenant. Before you pass out on the floor, keep in mind that now the burden shifts to the landlord/apartment owner to mitigate his or her damages by advertising to find another tenant. This doesn't mean any person can simply move in but assuming he or she has a proper tenant willing to sign a lease and move in, then the apartment owner cannot simply sit back, not sign a new lease and try to sue you for the remainder of the term of your lease. Some stay in the apartment for a few months, ask the landlord to surrender the lease and before they do that, they have someone in mind that is willing to move and would qualify.


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