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  1. #1
    iambutter is offline Junior Member
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    when does a lease/contract begin?

    What is the name of your state?New Mexico

    I was planning on moving to las cruces, new mexico from Utah. I visited last month, found an apartment, gave a deposit ($700) and about ten days ago signed/faxed the lease. Since then my situation has changed and I no longer need to move.

    When does a lease actually begin? I understood that in taking possesion of the property that officially began a lease. Am I mistaken? The rental company claims I am obligated by the terms despite the fact that I have not yet taken possesion. I am willing to pay some of the deposit for breaking the agreement but seven months of rent is not possible. Any recourse?

    (sorry for the posts in multiple groups. Several could hold the answer and I want to reach as many potential answers as possible.)
  2. #2
    justalayman is offline Senior Member
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    Lease begins when it says it begins. That is often when it is signed, you'll need to read the lease. It doesn't have anything to do with "posession".
    As far as seven months not being possible....you may not have the choice. They can, and apparently will, expect you to pay your obligation. The best you can hope for is that they let you out of the lease but unless there are provisions in the lease allowing something your stuck. Other than that, hope they can find somebody to lease the apt. . When they get a new tenant, your obligation ends.
  3. #3
    LindaP777 is offline Senior Member
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    Let's put the shoe on the other foot for just a minute . . . let's say you NEED this apartment and are counting on moving in. It's actually, the home of your dreams. You've rented the truck, emptied your old place, hug friends & family goodbye. You drive all day long and pull into the new apartment complex, excited to unload a few boxes, meet the new neighbors and take a much needed dip in the pool. Instead, you are greeted by the LL who says, they found someone to move in yesterday (getting one more days rent from the new tenant than you would have paid), and sorry, they weren't honoring the lease that you both have signed. After all, you hadn't taken "possession" of it yet. You'd be mad as H-E-L-L! You'd insist they'd fine you some place else to live, pay for a night at the hotel, pay for your moving truck, etc.

    So . . . now that I've given you the example, you wouldn't want the LL to be able to get out of a lease "just because", so why should you be released from a legally binding contract that you've agreed to?

    You're responsible for the rent until a new tenant can be found to replace you. Obviously, your security deposit will be applied towards the rent, but if it goes another month or two w/o being rented, you will be responsible for that. They can and should sue you for the rent (if you don't pay) plus additional advertising. Next time, do not enter into a legally binding contract until you are sure you will live up to the expectations.
    Last edited by LindaP777; 12-12-2005 at 11:26 AM.
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by iambutter
    What is the name of your state?New Mexico

    I was planning on moving to las cruces, new mexico from Utah. I visited last month, found an apartment, gave a deposit ($700) and about ten days ago signed/faxed the lease. Since then my situation has changed and I no longer need to move.

    When does a lease actually begin? I understood that in taking possesion of the property that officially began a lease. Am I mistaken? The rental company claims I am obligated by the terms despite the fact that I have not yet taken possesion. I am willing to pay some of the deposit for breaking the agreement but seven months of rent is not possible. Any recourse?

    (sorry for the posts in multiple groups. Several could hold the answer and I want to reach as many potential answers as possible.)
    **A: the lease contract "began" or became enforceable at the time there was consent and agreement or a meeting of the minds, as soon as the written lease contract was by signed by you.
    Therefore the rental company is correct. You are confusing the valid contract with physical occupancy. Even if you never move in, the fact that you signed the lease makes the lease enforceable. Read the lease, it's in there.
  5. #5
    justalayman is offline Senior Member
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    Quote Originally Posted by HomeGuru
    **A: the lease contract "began" or became enforceable at the time there was consent and agreement or a meeting of the minds, as soon as the written lease contract was by signed by you.
    Therefore the rental company is correct. You are confusing the valid contract with physical occupancy. Even if you never move in, the fact that you signed the lease makes the lease enforceable. Read the lease, it's in there.
    My statement that it begins when it says it begins is more correct. The lease may be starting at a future date which would be...(drumroll)......ta da...in the lease
  6. #6
    HomeGuru is offline Senior Member
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    Quote Originally Posted by justalayman
    My statement that it begins when it says it begins is more correct.

    **A: your mentality is the same as the writer's. You are very much confused.
    *********
    The lease may be starting at a future date which would be...(drumroll)......ta da...in the lease

    **A: so what. It does not matter when the start date in the future is or if and when the tenant moves in.
    Last edited by HomeGuru; 12-13-2005 at 10:22 AM.
  7. #7
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by justalayman
    My statement that it begins when it says it begins is more correct. The lease may be starting at a future date which would be...(drumroll)......ta da...in the lease
    and you were doing so well ....NOT
  8. #8
    justalayman is offline Senior Member
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    [QUOTE=iambutter]

    When does a lease actually begin? QUOTE]
    Pertaining to this post...that is why it makes a diff. Concerning any other posters, could make a diff in their situation.

    And actually it could make a diff in this situation if it was a future date. If it was a future date it may change his prospects of amount of liablity. It would give LL more time to rent apt BEFORE lease actually started. Not anything gained legally but it may stimulate him to abandon the lease now rather than just hanging on to it because he is liable for payments.
  9. #9
    BelizeBreeze is offline Senior Member
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    [QUOTE=justalayman]
    Quote Originally Posted by iambutter

    When does a lease actually begin? QUOTE]
    Pertaining to this post...that is why it makes a diff. Concerning any other posters, could make a diff in their situation.

    And actually it could make a diff in this situation if it was a future date. If it was a future date it may change his prospects of amount of liablity. It would give LL more time to rent apt BEFORE lease actually started. Not anything gained legally but it may stimulate him to abandon the lease now rather than just hanging on to it because he is liable for payments.
    OH BROTHER!!!

    I didn't know the FA unicycle was being lease out for backpeddling.
  10. #10
    ENASNI is offline Senior Member
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    Wink

    Quote Originally Posted by BelizeBreeze
    OH BROTHER!!!

    I didn't know the FA unicycle was being lease out for backpeddling.

    BB... when does the lease on that Unicycle begin?
  11. #11
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by ENASNI
    BB... when does the lease on that Unicycle begin?
    As soon as HG knocks him off.
  12. #12
    justalayman is offline Senior Member
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    Quote Originally Posted by BelizeBreeze
    OH BROTHER!!!

    I didn't know the FA unicycle was being lease out for backpeddling.

    I don't think I am your brother.

    I don't see any backpeddling here.

    And why NOT? Unless you are speaking of the fact that the lease actually does start at signature and what I was reffering to as the start of the lease is actually the performance of the lease. Now that's backpeddling
  13. #13
    You Are Guilty is offline Senior Member
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    OK, this has been driving me nuts for the last week.

    back·ped·al Pronunciation (bkpdl)
    intr.v. back·ped·aled or back·ped·alled, back·ped·al·ing or back·ped·al·ling, back·ped·als
    1. To move the pedals of a bicycle or similar vehicle backward, especially to apply a brake.
    2. To move backward by taking short quick steps, as in boxing or football.
    3. To retreat or withdraw from a position or attitude: The senator later backpedaled on the issue.

    Thesaurus Verb
    1. backpedal - pedal backwards on a bicycle
    bicycle, bike, pedal, wheel, cycle - ride a bicycle
    2. backpedal - step backwards, in boxing
    step - shift or move by taking a step; "step back"
    3. backpedal - modify one' opinion, make it less strong
    rethink - change one's mind; "He rethought his decision to take a vacation"
    [url]http://www.thefreedictionary.com/dict.asp?Word=backpedal[/url]

    ped·dle Pronunciation (pdl)
    v. ped·dled, ped·dling, ped·dles
    v.tr.
    1.
    a. To travel about selling (wares): peddling goods from door to door.
    b. To engage in the illicit sale of (narcotics).
    2. Informal To seek to disseminate; give out: peddling lies.
    v.intr.
    1. To travel about selling wares.
    2. To occupy oneself with trifles.
    Last edited by You Are Guilty; 12-12-2005 at 01:54 PM.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  14. #14
    BelizeBreeze is offline Senior Member
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    You have waaaaay too much time on your hands yag
  15. #15
    justalayman is offline Senior Member
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    Quote Originally Posted by You Are Guilty
    OK, this has been driving me nuts for the last week.


    [url]http://www.thefreedictionary.com/dict.asp?Word=backpedal[/url]



    Would that mean you are guilty of peddling as in the v.intr. def #2?

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