Most lease contracts have a clause that reserves the landlord's right to cancel the agreement if certain conditions are met. If you believe your contract does not support that right, then the landlord may be violating the terms of the agreement. The only way to know for sure is to study the contract, or hire the services of a lawyer to help interpret the contract.
No
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Depends on the Written Agreement itself, does the Agreement so state the claims of your argument in terms of your Recourse, or Theirs? How can one make a Agreement, if both parties don't agree to the terms, and still call it a Agreement? Likewise it depends on the State Statutes in your State where you and the tenant made the Agreement, does it conflict with State or local laws? I would like to know which one of the two you Represent, The Tenant, or the Landlord?i am the tenant me and the landlord had a sign state agency rental agreemnetat the last minute chane her mind leaving me and two children facing homelessi am also about to loose my housing voucher which will expire 11/30/09
Get StartedThe Agreement to Cancel Lease should be used when a Landlord and Tenant have mutually agreed to alter the ending date of the lease agreement from its original terms. This Agreement is only suitable for a voluntary termination of a lease term. Both the Landlord and the Tenant need to sign the Agreement for it to be legally effective. This Agreement is not designed for use if one party is looking to unilaterally end the rental relationship (for example, a landlord is trying to evict a tenant for non-payment of rent).There may be several reasons that the parties wish to alter the length of a lease. Often, a Landlord sells the property to another party who does not wish to have the property occupied by a Tenant. If the parties can agree to an earlier termination to the lease, this document can be used to identify an earlier termination date. Sometimes a Tenant may want to get out of a lease agreement (wants to move, needs a bigger apartment, etc.). If the Landlord is willing to let the Tenant break the lease, this Agreement may be used to clearly show when the lease will end.This Agreement can be used for both commercial and residential leases. It should be signed by both parties and if there are multiple Landlords or Tenants, all should join in signing. It is not necessary that the signatures be witnessed or notarized.
As you know a signed lease is a contract between you and the landlord and unless you are lucky enough to have an understanding landlord and you have a very, very good reason to break this contract then you are responsible for the agreement in that contract. Usually people have to pay the first and last months rent and possibly a damage deposit and you may lose that. You have tied up the landlord from renting to someone else, so it would be to your best interest to offer to let him/her keep the first months rent. Talk to the new landlord and hopefully your reasons for not moving in are valid and you just haven't found a better place to move too. You may just get lucky.
Only if the landlord rents it to someone else.
The purpose of a contract is to make the agreement binding on the parties. There are generally provisions in a contract that allow cancellation under specific conditions. They revolve around contingencies, most commonly an inspection and financing. Beyond that a buyer can cancel a contract but will likely lose any deposit. Even then it is possible for the seller to sue for nonperformance.
It's not clear what you mean by "cleared". There are strict laws governing how a landlord can use the security deposit a tenant gives upon leasing. The landlord must return the money unless there is a clear justification, such as damage or unpaid rent. In California (and probably many other places), the landlord must give the tenant an opportunity to clean or repair to avoid having to pay out of the deposit. They cannot charge for improving the property to a better state than when the tenant moved in. So they cannot cancel your refund without a good reason and following procedure.
If you signed a lease agreement.He can hold you responsible for the remainder of the lease.Unless you cancel the lease before you transfer.
This can happen, and is perfectly legal, in part because a verbal agreement is nonbinding. However, you then have the right not to sign the lease and to cancel the entire matter if you find that the rent is not reasonable.
Sometimes when living situations do not work, a person must be removed from a lease. Usually, a person only has to speak with the landlord, and the landlord will remove the person from the lease.
There will be other factors to be considered. Did either party already rely on the agreement and invested time/materials/effort into the execution? Can the date be reasonably determined from the contract? While both parties can agree to cancel it, there is no right to cancel simply because a date is missing.