Can I cancel rental agreement if...

Question

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.

Account Closed · Answer

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.

Jon Holdman · Answer

Do you have a signed lease?  If you do, why did you sign a lease without getting money?

Jon Holdman · Answer

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.

Bryan Hancock · Answer

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?

Sylvia HC · Answer

No the reason is not that. We are just having second thoughts about her as a 'roommate'.

Bryan Hancock · Answer

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?

Sylvia HC · Answer

NO the date has NOT passed.

Account Closed · Answer

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.

Sylvia HC · Answer

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).

Can I cancel rental agreement if...

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