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Real Estate

Sent to Legal Experts August 16 2006 at 6:20 AM
   

Last week we went to sign a new 1-year apartment lease to begin Sep.1. We had deposited $99 to hold the apartment one week prior. During the signing of the lease, a new, previously undisclosed condition to the lease was introduced regarding early termination fees. The actual lease did not include any early termination/penalty language hence we signed it. After signing the lease we were presented with an Addendum to the Lease stating the terms of said early termination penalty that are completely unacceptable. At this point we stopped signing saying that we are unable to agree to the Addendum, that it was previously undisclosed and that we would not complete the signing. We want to walk from this lease. Can the landlord hold us to it?

 

Optional Information:
Denver, Colorado

Customer (name blocked for privacy)
Status:  Closed   Value: $10
Info Request
August 16 2006 at 6:29 AM (9 minutes and 9 seconds later)
         
REPLIED to Info RequestCheck Mark
Based on the facts as stated, there is no contract to be bound because you did not agree to the terms of the "entire" agreement, including the addendum. Elements to have a valid contract include the intent to be bound and acceptance of the offer. This was not present when you refused to continue signing the lease.

Where you told anything by the leasing agent after you refused to continue signing the lease? Whatever this person said if in your favor could be used to argue any potential claims the landlord may raise, although ridiculous if the landlord were to pursue this.



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Reply
August 16 2006 at 6:45 AM (15 minutes and 25 seconds later)
         
Reply to Lawyer, Broker 's Post: The leasing agent merely stated that we could/would have to sign the Addendum on or before the day of move in. We have not yet indicated that we want to walk from this lease but will be doing so today. Additionally, the leasing agent said that, at times and arbitrarily, the landlord is willing to negotiate terms when tenants are forced to terminate early. This, however, would "never be put in writing" when signing a lease. This was 2 days ago.
Customer (name blocked for privacy)
Answer
August 16 2006 at 6:54 AM (9 minutes and 7 seconds later)
         
ACCEPTEDCheck Mark
Thank you for your reply. If you definitely do not want to follow through with this lease, then you are entitled to cancel as you have not completed the process yet. To be safe, be sure you are given the original contacts and addendum and tear them apart. They should not be keeping your private information if you are not planning to lease with them. If they do not want to give you the originals, have them or you write a gigantic "X" on the entire contract (if possible each page) and write in the middle "VOID", then request a copy for your files.

Take control, so the landlord cannot come after you later claiming you agreed to contract with them. Again, there is no agreement to the terms and you are not obligated to negotiate (unless you want to).




This is only legal/research information. Consult a local lawyer for specific legal advice. No Attorney Client relationship has been created. Don't Forget To Click ACCEPT.
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