RENTAL QUESTION?

I never signed any lease, I haven’t signed anything at all. Due to unforeseen circumstances, I was unable to continue with the lease signing and told the certain realestate that I will not be continuing and I wouldn’t be signing anything. They are now trying to get me pay a $250.00 break of lease fee and to pay the rent of $300.00 a week until they find a tenant. I’m not understanding any of this, I haven’t signed a lease, only revived a lease agreement over email, nothing has ever been signed and I’m so confused. They told me I wasn’t allowed to just ‘walk away’ from a property once approved but without singing a lease or anything, I was under the understanding that I wasn’t breaking a lease? I just need some help on where to go next as I’m very worried about renting in the future because of this. Just wondering if any has ever been through the same thing and could help me with my next step? 

16 Answers

Relevance
  • 4 weeks ago

    You made an offer to rent a place, or they offered to rent the place to you upon acceptance of the APPLICATION. Either way, you both had the necessary intent to contract, with offer and acceptance of mutually agreeable terms. That's a contract. Oral contracts, especially where evidenced by texts, emails or other "writings" may be enforced in court, if necessary.

    You may need actual legal advice from a local attorney who can evaluate ALL of the pertinent facts under your local laws and advise you of your legal options and the risks of ignoring what may well be a valid claim for payment.

    In theory, their "lease break fee" would represent the liquidated damages caused by their reliance upon your agreement to rent the unit, although they may also need to prove "actual" damages, if they have any. Your mileage may vary. A "signed lease" is not a requirement for proof of the basic terms of the offered rental agreement.

    • SimplytheFACTS
      Lv 7
      4 weeks agoReport

      NONSENSE, an application is not a contract to rent, unless it is stated in the application..not oral or any type

  • 4 weeks ago

    Only a lease for one year or more needs to be in writing. If you applied and they approved you, they took that property off the market to other possible tenants, and in the absence you signing anything, you are a month to month (or in this case, week to week).

    Because there is nothing in writing, they will not be able to enforce any 'lease-breaking fee' but they can charge you by the week, if you were renting on a weekly basis.

    The good news is that when you are a month to month (or week to week) tenant, you can legally exit the agreement by giving written notice according to your state law that you are vacating effective immediately. You then only legally owe the rent up until the time your vacating takes effect.

  • 4 weeks ago

    If you didn't sign the lease or move into the property then you owe them nothing. Tell them you won't pay them anything and then don't deal with this person at all,m they are trying to trick you into paying them money and they'll try to do it again if you keep working with them.

  • Maxi
    Lv 7
    4 weeks ago

    If you have not signed a contract, then you are not in breach of contract..... not sure what you mean about "only revived a lease agreement over email"

  • What do you think of the answers? You can sign in to give your opinion on the answer.
  • 4 weeks ago

    There is no lease to break, so no fee. IF you moved in, then you owe rent for the duration of your 30 day notice period.IF you did not move in,m you owe nothing.

  • DEBS
    Lv 7
    4 weeks ago

    They are wrong. They know it. They are hoping you trust them and don't question their lack of morals. Tell them to produce a signed contract and you'll happily follow it. Then ignore them.

  • 4 weeks ago

    If you haven't signed or agreed anything, then you're not legally required to pay anything.

    Presumably you didn't move in?

  • 4 weeks ago

    They are correct. Email is legal communication. Your commitment to "revive", renew is as good as signing a new lease.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
  • 4 weeks ago

    That's not how that works. If you didn't sign a lease, there's no contract to enforce. You're not locked into anything. Tell them to send you a copy of the paperwork that states that you owe them that, and let them know you need to review it with your attorney. See what happens. 

  • Judy
    Lv 7
    4 weeks ago

    just quit responding to th4m

    • SimplytheFACTS
      Lv 7
      4 weeks agoReport

      great way to ensure a lawsuit, have to at least respond and state the case.

Still have questions? Get answers by asking now.