I live in California; I am not moving into an apartment on which I put a security deposit and signed a lease.?

Question

What I'm saying is: on 8/1, I gave the mgmt. co. $1,300 security/holding deposit and I also signed a six month lease. Turns out I am able to stay in my home after all, and so I let them know on 8/15 via FedEx that I would not be moving in. However I am liable for the six months anyway or until the unit is re-rented. I never even moved in; it is ready to live in right now; and also, what difference does it make if I signed the lease on 8/1 or on 8/28 when I was going to pick up the keys?? Why would this make any difference between being liable for the lease term or them just keeping the security deposit? Let's just assume that I did not sign the lease when I put down the deposit and now I am not taking the apartment; why would me having signed the lease on 8/1 make any difference? I hope I'm making myself clear. Also it's not like I'm moving into another complex; I get to stay where I'm at; also I am sick with Hep C and was under tremendous stress when I signed the lease; I thought I was going to be homeless...so I just took whatever (this apartment is in a sorta crummy area) because I was terrified out of my skull that me and my cat were going to be out on the street. Now I get to stay in my home of 8 years. Sorry this is so long.

Answer 1

The thing is, on 08/01, you signed a legal contract to carry out an action (rent the apartment).  In exchange, the landlord agreed to remove the apartment from the market and make it livable for you.  When you planned on moving in has no bearing since you could have moved in when you signed.  Also, as part of the contract, you agreed to rent the apartment for 6 months and the landlord agreed to perform certain actions (provide heat, water, etc.).  Neither of these actions is affected by whether you move in or not.  The landlord must still provide electricity, heat, etc. (even though you will not be there to use them).  In exchange for access to these amenities, you agree to pay rent.

Answer 2

Because they took it off the market on your behalf. You signed a contract stating you will live there and pay a certain amount of money. If they sublet the place you will be off the hook for part of the money, but you caused them to lose money and for that you have to pay the price.

Answer 3

As long as you didn't move anything in the apartment and u cancel the lease within a responsible amount of time they should work with you  

Answer 4

Your bad, you owe. You signed a legally binding contract and they can hold you to it.

Had you not signed a lease, they could have held you liable for only one months rent. You would still lose the deposit, since it was given to hold the place for you.

Your illness is unfortunate but irrelevant. Your stress level at the time of the lease signing is irrelevant.

Answer 5

There must have been another part to this question.

Once you sign a lease (a legal document) you are responsible for the terms of the lease. When you signed the lease, they took the apt of the market and lost the ability to lease the apt to someone else.

You would only be liable for the rent until they can re-lease the apt. They must make a good faith effort to find another tenant.

Answer 6

They could have had 28 days to find someone else to sign the lease, that is the difference.

Have you called them?   You should be able to buy your way out.   At minimum you can expect to forfeit the deposit and a months rent.

But, yes, they can hold you to the 6 months, it is a contract, but they are not likely to do so.

Answer 7

SORRY - but once you signed the lease you are bound by its terms and conditions - weather you moved in or not.

Next time pay the dep to hold but don't sign anything till you move in.