Q: my daughter and her boyfriend was scheduled to move 6/30 but they couldn’t move until07/05 because they were both out
Of town but they paid their 1st month’s rent through the residential portal and notified the leasing office that they will not be able to move until 07/05. On 07/05, my daughter went to pick up the key and she was informed that they needed to sign a new lease. The new lease is $280 more a month and they were told due to market change from June 30 to July 1st . they couldn’t afford it so They didn’t sign the new lease. What happens to the original lease? They talked to the manager and she said the original lease is cancelled, null and void. So we asked if she could put this in writing and she said she doesn’t have to because there is no lease and that they will issue an account statement showing all funds paid will be refunded although paragraph 35 says that the lease agreement cannot be amended /terminated unless in writing. What we are afraid of is that the leasing office may come back later down the road stating they owe them the whole lease term.I appreciate any advise provided
A: I find it difficult to believe that the lease can be "cancelled" simply because they didn't move in at the beginning of the lease term. You might want to review the text of the lease for any language that might suggest that. If they refuse to put it in writing, it wouldn't hurt to write them a letter confirming that the manager stated that " the original lease is cancelled, null and void". Assuming they don't want to insist on enforcing the original lease, the "account statement showing all funds paid will be refunded" should (when the funds are actually received) suffice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.