Cancel Lease Right After Signing...did not disclose addendums

[karenwhite]

What is the name of your state (only U.S. law)? NC
I just signed a lease last week and when i brought in the lease, signed and notarized, i was informed there were addedums that i would need to sign, but i will sign those in august '09 before i move in. i was not made aware there were any addendums when i signed the lease. i asked to review the addendums. when they emailed me the addedums there were 8 pages of these...after reviewing them i no longer want to lease this apt, as they should have been disclosed BEFORE i signed the lease. what do i need to do/or say to cancel this lease?

 

[tranquility]

Send a CRR letter stating you do not agree with the addendums. Tell them your situation and move in date and tell them you feel your agreement is only on the signed lease in their possession. Then say you anticipate they are going to breach that agreement when you don't sign the addendums based on the comments of their agent. (List exact dates and times and what was said.) Tell them you require specific written assurance they will abide by the lease as written and signed within 30 days or you will consider them in breach.


Your next step depends on the response.

 

[Cvillecpm]

I suspect that the lease is a commercial lease since it was notarized.

 

[LeeHarveyBlotto]

You are committed to the lease that you actually signed, unless the landlord is willing to let you out based on the fact that you aren't signing anything else.

 

[Cheeseknife]

Until you actually take keys and move in the lease has not been executed and doesn't legally exist. You are completely free to back out of the agreement any time before taking possession of the property. A landlord may not spring additions to the lease on a tenant. Send them a certified letter saying you aren't in agreement with the additional provisions and demand any money they are holding back. They have a statutory period in which to return this. If you still want the property you could state which of the addedums you don't agree with and what you would agree to and see if they'll accept your offer.

 

[karenwhite]

this is not a commercial lease but for an apt. it was notarized as my husband was not there to sign in person.

 

[karenwhite]

what is a CRR letter?

 

[Isis1]

what is a CRR letter?

certified return receipt.

 

[karenwhite]

Certified Return Receipt?

 

[Cheeseknife]

A CRR letter has a little slip the postman takes to the door and collects a signature, the card is returned to you so that you can later prove the letter was delievered and received.

 

[tranquility]

Until you actually take keys and move in the lease has not been executed and doesn't legally exist.

I disagree. The lease does exist and that is the OPs problem.

The landlord may feel the addendums are a part of the lease and the OP does not. However, the landlord does not need to turn over possession until the lease date and the OP must have somewhere to live and, if the landlord does not put the OP in possession until he signs, the OP is between a rock and a hard place. The OP must give his reasons why he feels the landlord will not abide by the contract at a future time. If the OP does this correctly (as I wrote for him to do) the other party must give assurances or the situation is called an anticipatory breach and the OP can mitigate his damages even though there has not been an actual breach as yet. If the OP merely does not move in or argues the lease terms at the move-in time, he either is in actual breach or, is out a place to stay for the night without real hope of the landlord making up for the damages from finding that place to stay. This way the contract is affirmed and everyone knows where he stands.

 

[Cheeseknife]

I disagree. The lease does exist and that is the OPs problem.

I don't care if you do, you're wrong. It is NOT LEGALLY REQUIRED for a tenant to sign a lease at all and signing it does NOT execute a lease. Taking possession of a property executes a lease. Until that happens there is no binding agreement between tenant and landlord. As a matter of basic contract law you cannot unilaterally alter an agreement. Any addition to the lease must be agreed up by both parties, by not moving in the tenant is stating his/her disagreement and anything before that is void. If the tenant had moved in and the landlord then wanted to make additions to the lease the tenant is free to reject them. Of course, the landlord is free not to renew the lease when it's term end.

 

[tranquility]

No. A lease is "executed" when both parties sign. That it commences at some future time is not relevant except that the person in possession cannot be in breach at that time. If the lease is unsigned by the landlord here, the OP only has to tell him he no longer agrees to the terms and his acceptance would no longer be in effect.

Basic contract law has a contract being offer, acceptance and consideration. Possession is not involved. A lease is a contract.

Try again.

 

[Alaska landlord]

Regardless of whether or not the lease is executed,(as describe by cheeseknife) it is a contractual agreement and the terms and conditions of the lease are binding to both parties. Otherwise, you can back out of any rental agreement at anytime prior to possession without fear of legal remifications.

 

[You Are Guilty]

I don't care if you do, you're wrong. It is NOT LEGALLY REQUIRED for a tenant to sign a lease at all and signing it does NOT execute a lease. Taking possession of a property executes a lease. Until that happens there is no binding agreement between tenant and landlord. As a matter of basic contract law you cannot unilaterally alter an agreement. Any addition to the lease must be agreed up by both parties, by not moving in the tenant is stating his/her disagreement and anything before that is void. If the tenant had moved in and the landlord then wanted to make additions to the lease the tenant is free to reject them. Of course, the landlord is free not to renew the lease when it's term end.

I'm curious as to the basis for your contentions in this post. Got link?