Urgent Help:Leases signed not moved in or taken possession of keys

[cibyd]

What is the name of your state? Texas


Hi,
I was planning to move in to a new apartnment over the week end. But yesterday in the same apartment complex there was aburglary and two laptops were stolen. Can I back out of the lease?

1) I have paid the advance and processing fee
2) I have signed the lease
3) I havent taken possession of Keys or Moved in.


Your advice will be greatly appreciated.

 

[BelizeBreeze]

You either need to get written permission from the apartment manager releasing you from the lease or......

start moving in.

 

[JETX]

Can I back out of the lease?

Not without taking a 'hickey' on it. The landlord has a right to recover his 'damages' if you breach the lease. Damages would be any lost rent from the date your lease starts.... to the date immediately PRIOR to a replacement tenants lease starts.

This is covered in the Texas Property Code:
§ 92.1031. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT.
(a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if:
(1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or
(2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease.

 

[cibyd]

Thanks

Thanks a lot for your advice...

I guess I am stuck here, So I plan to move in with an insurance on my valuables, renters insurance and am installing a security system. I guess that would be cheaper than the damages I ought to pay.
And ofcourse Pray to the Almighty that I be safe there.
Luckily its only a 6 months lease.
Thanks again guys I appreciate it much.