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48 hour rule

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DanteMarx

Junior Member
What is the name of your state? Illinois

I have just signed my lease today, and I am needing to get out of it due to problems that were not told to me by the landlord (an issue with flooding and contaminated water). I know that there is a State law that allows you to back out of any legal contract within 48 hours, and the landlord finally relented and is letting us out of the lease, but they are saying that our security deposit of one months rent is non-refundable (it does state that on the reciept). Our signature is not on the reciept, only the landlord's. Are we out of that security deposit, or do they have to give it back.

Also, we did not move into the apartment, and we are giving the keys back tomorrow morning.
 


FarmerJ

Senior Member
recission laws are for things sold to you in your own home , like aluminum siding , home security systems , so called door to door sales . If you really believe there to be a recission law for rentals then I suggest you look to your state govt web page links for landlords and tenants to make sure . and if you cannot find anything then next time dont be so free with your signature on binding contracts . Your LL will have a duty to re rent the unit with in a reasonable time SO you need to talk to your new LL now so they know you wont be moving in and back it up with a certifed letter . they need to find a new customer but you can be made to pay for the number of days of rent inbetween .
 

treese

Senior Member
You are out the security deposit. The receipt is signed by the landlord only as proof that he received a non-refundable deposit from you - under the term stated on the receipt.

It does not matter whether you actually moved in or not - you signed a lease and took the keys (possession).

Follow FarmerJ's advice and send the LL a certified letter stating that you have returned possession of the premises.

The Landlord will have to mitigate damages, but as FarmerJ stated, the LL can hold you liable for rent until the property is re-rented, as well as any other costs associated with your breach, such as advertising.
 

DanteMarx

Junior Member
I understand that we can be liable. However, there is another situation with this: the apartment below us flooded (as well as some of the other buildings), and the water was unsafe to drink (the health department is already inspecting it). We were not told that this was the case. Our apartment was not damaged, however there was a strong smell of mold/mildew/septic. Again, this was not mentioned at the signing of the lease.
 
F

Fat Tony

Guest
Pretend you're in mexico and dont drink the water.

Arriba Arriba
 

HomeGuru

Senior Member
DanteMarx said:
What is the name of your state? Illinois

I have just signed my lease today, and I am needing to get out of it due to problems that were not told to me by the landlord (an issue with flooding and contaminated water). I know that there is a State law that allows you to back out of any legal contract within 48 hours, and the landlord finally relented and is letting us out of the lease, but they are saying that our security deposit of one months rent is non-refundable (it does state that on the reciept). Our signature is not on the reciept, only the landlord's. Are we out of that security deposit, or do they have to give it back.

Also, we did not move into the apartment, and we are giving the keys back tomorrow morning.
**A: there is no such 48 hour rule in a landlord tenant contract.
 

DanteMarx

Junior Member
Finality

Well, we've come to a conclusion to the situation: We did receive our rent check back, and we were told by another lawyer that we could back out of the lease because we did not take possession (we did not leave our stuff overnight, and we did not spend the night), we could get out of the lease. We are out the security deposit, and are actually lucky to have the rent check back. Needless to say, I've learned a very valuable (and expensive) lesson.

Oh, by the way, the apartments are now under investigation by the county health department to see if they are still suitable for people to live in. I was told by one of the inspectors that at the moment, they're ok to live in, however, they would strongly recommend against it.

Anyway, thanks for the help everyone!
 

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