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Can I cancel rental agreement if I haven't received any money yet (deposit, rent) or is it effective no matter if i received money or not?? I am landlord...changing my mind about someone I am renting a room to in my house. |
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Do you have a signed lease? If you do, why did you sign a lease without getting money? |
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Yes we do have a signed lease. We are stupid that's why...she didn't have money with her... and she said she would pay the deposit within 2 weeks (it is for a room avail. Sep 1). |
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Didn't mean to sound rude. I realize it came off like that. I though there might be some circumstances behind the lack of a payment. It would be a good question for your lawyer. In some areas, if no money has changed hands, you don't really have a valid contract. You could try just saying "We need the money right away or else we're going to rent the room to someone else." Are you sure she's really planning to move in? Did you get an application? Anything in her application that doesn't meet your criteria. |
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if you have written in lease a dollar amount and she has not paid that amount then that lease is not IMO binding...there is a real estate term for that i cant remember, but in other words if she has no receipt then lease is not ineffect did she move in? if not close blinds and park cars around corner. if she moved in change locks and close blinds |
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No no you were not rude. I really mean I was stupid. The problem is ... that I wrote ON (amended) the contract that "Deposit will be paid within two weeks" in the amount of $XXX. No no she did not move in (the room is not available until Sept 1). |
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if you both signed the amended and she has not provided yet and that date has passed then it sounds like you have a leg to stand on and can start looking for other renters, without knowing what state your in or what all of your paperwork looks like it is kind of hard to speculate. |
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NO the date has NOT passed.
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What state are you in? I am not an attorney, but I would think that the mutual promise on the tenant's side is part of the consideration for the contract and thus it is not valid if they haven't performed as was agreed. The reality of the situation if they are not occupying the property is that you can just lease it to someone else. If they have a key just re-key the thing. What are they going to do...sue you? |
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Agreed...my comments are for if the date does pass....which I am assuming will be the case and that is why the question was raised. |
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No the reason is not that. We are just having second thoughts about her as a 'roommate'.
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If she performs on the contract I think you may be stuck. Did she give you the money yet? Offer...acceptance...consideration...seems legally binding to me. Perhaps you can give her some money to break the contract. What is the whole story? |
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A contract of any kind requires an offer, acceptance and consideration. If anyone of these pieces is missing then no contract exists. It might be argued that you created a unilateral contract that if your tenant performs by the date specified a contract will come into existence. In your case I still see no consideration given for the promise of having the apartment available in two weeks. I don't know your state and I'm certainly not a lawyer. I do though have some understanding of contractual law which can vary greatly between states depending on state precedents and state statutes. |
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Really the best thing to do is to call a lawyer. This is probably a 15 minute discussion. If they require a minimum of an hour or something, pay it, then you have some time for questions later. Having an answer that will hold up in court will give you peace of mind. |
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Posted: 07/29/2010 at 04:04PM
