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12-21-2005, 05:39 PM
| | Junior Member | | Join Date: Apr 2005
Posts: 5
| | | Terminating a lease agreement
What is the name of your state? NC
Signed a lease agreement on December 10. Landlord made it clear multiple times that the lease was contingent upon reference checks etc. She also stated she had a back up if things fell thru with us. On December 12 I contacted her and due to unforseen circumstances we had to back out of the lease. We were not scheduled to move in until December 26. The landlord will not return my check to me. Is there anything I can do? I know I can put a stop pay on the check with my bank, which I have already done, but is there any penalties for backing out of the lease agreement when the landlord said it was not our property until the references were checked. I want to make sure we are covered |
12-21-2005, 06:13 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 27,482
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Originally Posted by Pasil What is the name of your state? NC
Signed a lease agreement on December 10. Landlord made it clear multiple times that the lease was contingent upon reference checks etc. She also stated she had a back up if things fell thru with us. On December 12 I contacted her and due to unforseen circumstances we had to back out of the lease. We were not scheduled to move in until December 26. The landlord will not return my check to me. Is there anything I can do? I know I can put a stop pay on the check with my bank, which I have already done, but is there any penalties for backing out of the lease agreement when the landlord said it was not our property until the references were checked. I want to make sure we are covered | What does your written contract say about this?
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12-21-2005, 11:33 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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Originally Posted by Pasil What is the name of your state? NC
Signed a lease agreement on December 10. Landlord made it clear multiple times that the lease was contingent upon reference checks etc. She also stated she had a back up if things fell thru with us. On December 12 I contacted her and due to unforseen circumstances we had to back out of the lease. We were not scheduled to move in until December 26. The landlord will not return my check to me. Is there anything I can do? I know I can put a stop pay on the check with my bank, which I have already done, but is there any penalties for backing out of the lease agreement when the landlord said it was not our property until the references were checked. I want to make sure we are covered | Was the lease agreement ever signed by the LL.
If no then you have the right to rescind. |
12-21-2005, 11:52 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
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Originally Posted by justalayman Was the lease agreement ever signed by the LL.
If no then you have the right to rescind. |
**A: L does not need to sign the lease as once the tenant signed as in this case, the lease agreement became enforceable. |
12-22-2005, 12:03 AM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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Originally Posted by HomeGuru **A: L does not need to sign the lease as once the tenant signed as in this case, the lease agreement became enforceable. | If the LL had notified them of acceptance yes but the LL specifically stated that lease was not valid until reference check. But as you state it the tenant could force the LL to rent at this point. (obviously not a concern in this situation but has been in other cases). LL explicitly did not accept lease at this point.
Not sure how it would have to be done but at some point the LL would have had to agree and accept.
It would be tough to prove exactly when the LL accepted but without acceptance by LL it would not be enforcable. There was no obvious or implied acceptance by allowing to move in. So tenant has right to rescind until LL accepts. |
12-22-2005, 12:17 AM
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Originally Posted by justalayman If the LL had notified them of acceptance yes but the LL specifically stated that lease was not valid until reference check.
**A: and was the reference check contingency in writing and stated in the lease? If yes, then you may have a point.
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But as you state it the tenant could force the LL to rent at this point. (obviously not a concern in this situation but has been in other cases). LL explicitly did not accept lease at this point.
**A: no, my point was the other way around. LL can enforce the lease since the tenant signed the lease.
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Not sure how it would have to be done but at some point the LL would have had to agree and accept.
**A: not really. L could simply advise the tenant that their refrerence check turned out negative.
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It would be tough to prove exactly when the LL accepted but without acceptance by LL it would not be enforcable. There was no obvious or implied acceptance by allowing to move in. So tenant has right to rescind until LL accepts. | **A: do you really know what you are talking about here?  |
12-22-2005, 09:38 AM
| | Junior Member | | Join Date: Apr 2005
Posts: 5
| | | I was never given a copy of the lease. One was signed and the LL stated once the references were checked she would drop a copy of the lease and the keys. I have not heard anything from her since I contacted her to back out of the lease. |
12-22-2005, 09:42 AM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
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Originally Posted by Pasil I was never given a copy of the lease. One was signed and the LL stated once the references were checked she would drop a copy of the lease and the keys. I have not heard anything from her since I contacted her to back out of the lease. | Then hope for the best.
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12-22-2005, 01:02 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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Originally Posted by HomeGuru **A: do you really know what you are talking about here? | Yes
The landlord SPECIFICALLY stated the lease was not accepted, yet. The OP has since also stated the action that would demonstrate the acceptance of the lease. This action was never fulfilled. Therefor the lease was not accepted. In a contract if the other party has not accepted the 1st party can rescind until time the other party accepts.
One problem is the LL can say they accepted the lease and not had time to give keys. The LL may also be able to recover some damages as costs involved in ref checks etc. This gets to a matter of timing and, as stated before, the tenant may have difficulty proving the time line. The LL could probably force the issue as well by stating he/she never recieved notification of intent to rescind because the tenant has no proof. | |
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