Going back on a signed lease?

[MattMag]

I am from Boston, MA and moving to Atlanta, GA. I flew down to search for apartments for 5 days this past week. I found one with my girlfriend, talked everything through with the landlord, and put down my deposit, my girlfriend put down her deposit, we paid a full month's security, we paid a refundable dog deposit. The checks have not been cashed as far as I know.

We SIGNED the lease and have a copy. We have the keys. We have passed any kind of credit check and the landlord called our housing references (I asked them). We have since left Atlanta assuming we had a place to live with everything settled and we're worried because we've since told all of our backups that we found a place!

Today she told me that contrary to our agreement (verbal, it's not written on the lease) she is not going to take it off the market and that it will still be for sale, even though we are renting it. She will honor our 6 month lease with a chance to renew, but wants to show the house while we're living there. I voiced my concerns of privacy and noted that she said it would be off the market while we were living there and that if she wanted to show it, we'd need to amend the lease saying that it would be certain times or we'd have discounted rent (our rent is above the going rate for the complex). She replied saying that she had already accommodated me enough by going for 6 months instead of 9 and by allowing me a refundable dog deposit. These are all things we agreed upon and the reason we chose not to pick another apartment!

We are in a VERY precarious position here because she seems to be violating our lease by saying she now wants to have it sale-ready for showings at her convenience all through our rental, and she's suggesting that she'll raise the lease term to 9 months or charge me for my dog. I signed with her when I could have had a day more to sign somewhere else and now she's going back...I can't afford to fly down again and do a second search. Where do I stand? Do I have to agree to new terms now? Do I stand a chance of being homeless? What do I do?

Please help ASAP!

Matt

[moburkes]

Even if the unit is sold, you will still be a tenant until your lease expires. Real estate agreements must be put into writing for a reason. Now you know why.

[MattMag]

But she agreed to not have it on the market. My concern is my girlfriend and I will have to accommodate many walkthroughs and will host viewings of the house from day 1. This was settled and the decision was that this was not going to happen before we signed the lease. I think until the landlord cashes our checks that she can "change her mind" about anything without us having the law on our side. Is that correct?

Thanks for the help,
Matt

[moburkes]

A written contract (your lease) supercedes all verbal contracts. When you agreed to the lease as written, with no stipluations about cancelling the sale....

Now, showings should be "approved" in advance. She has to be reasonable, and so do you. I'm not sure how many showings you are expecting. It sounds as if you expect them to be daily.

[MattMag]

It makes no reference to showing the apartment/house and does not say it is for sale. I don't mind being reasonable, but she told me one thing and has changed it suddenly. I worry that she may have cold feet about our deal (since she mentioned raising the dog cost, length of stay, etc). She can back out, putting us out of a place to live, correct?

I think I'd better just tell her she can show it as often as she wants to appease her and then work from there once I'm in the house?

Matt

[moburkes]

She cannot change the terms of the lease until the lease is over.

[MattMag]

but is the lease OFFICIAL (we start July 1st) or can she get cold feet, not cash our checks, and say she decided against it?

Thank you for all your (practically live) help!
Matt

[moburkes]

Originally Posted by MattMag

but is the lease OFFICIAL (we start July 1st) or can she get cold feet, not cash our checks, and say she decided against it?

Thank you for all your (practically live) help!
Matt

This is a contract. It cannot be voided or changed without the permission of both parties.

[MattMag]

The contract starts even before she agrees to the terms by cashing the checks? I can understand that we would be rejected for having bad credit (we have great credit) or bad references (we have great references), but she can't back out even if she hasn't accepted the money? Technically, our copy of the lease has "Paid [amount] in full for deposit, rent, dog" with her signature.

Matt

[Ohiogal]

Originally Posted by MattMag

The contract starts even before she agrees to the terms by cashing the checks? I can understand that we would be rejected for having bad credit (we have great credit) or bad references (we have great references), but she can't back out even if she hasn't accepted the money? Technically, our copy of the lease has "Paid [amount] in full for deposit, rent, dog" with her signature.

Matt

You got the keys! Right?

[FarmerJ]

At this point if the LL fails to deliver to you the unit on the first day of the lease the LL will be in breach& opent to civil suit by you. NOW for all you know the unit could be sold by the time you move in. BUT now about the unit being shown as you were told , it really does have to be done with reasonable notice , and if its less than reasonable notice remind the LL that if the unit is messy for the showing with lack of reasonable notice TOO BAD.

[MattMag]

thanks for all the info...I talked to her and explained that we had made a deal and she hadn't questioned it at all when we talked. I told her I was willing to be reasonable, but that she shouldn't expect us to have her place be an open house. She got the idea and recanted, saying that it was wrong of her to spring it on me and she will take it off the market immediately until we decide not to renew our lease.

Thanks all...
Matt

[HomeGuru]

Originally Posted by MattMag

thanks for all the info...I talked to her and explained that we had made a deal and she hadn't questioned it at all when we talked. I told her I was willing to be reasonable, but that she shouldn't expect us to have her place be an open house. She got the idea and recanted, saying that it was wrong of her to spring it on me and she will take it off the market immediately until we decide not to renew our lease.

Thanks all...
Matt

**A: that's nice but she can change her mind at anytime since the law allows a Seller to put their property on the market for sale even when such property is rented.

[seniorjudge]

Originally Posted by HomeGuru

**A: that's nice but she can change her mind at anytime since the law allows a Seller to put their property on the market for sale even when such property is rented.

I agree with HG.