Question:

Is there any way to get out of my new apartment lease?

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I signed a lease a couple of days ago that begins today. However, I do not want to move into this place now due to the conditions. During the walk through the property manager told me that the deficiencies would be taken care of, but they were not. Can I legally refuse to move in? Can I get my first months rent and deposit back? thanks!

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  1. As most people you only tell what you hope will get you an answer you like.

    2 days is not enough time.

    Plus this is a week-end and holiday.

    Now if it is uninhabitable or dangerous that sheds new light on the matter.

    Since you signed the lease I doubt this is the case.


  2. Ok...HOW did you think it was going to be reasonable to make repairs in only 2 days?

    You need to answer that b/c a court will.

    You cannot legally refuse now unless you put the repairs in the lease.

    Nope, you won't get back either.

  3. There is no "3 day right of recission" in real estate.  Go to the landlord and plead to be released. Offer to pay some money for his advertising to get a new tenant.

    Otherwise, you fill out a 10 day notice with a list of what he must fix. If he doesn't fix it in 10 days, pay $35 at Small Claims Court.  In 25 days you will be before a judge. If the landlord shows proof that all repairs were made, you have to stay. If they are not all done, your lease is terminated and the court may award you money for your inconvenience.

  4. If the place is unhabitable or dangerous you should be able to get your money back.  Take photos of the deficiencies and file either a small claims law suit ot a landlord/ tenant claim. (Check with the county Clerk where the apt. is located they will tell you where to file).First send the landlord/property manager a certified letter return receipt requested, explaining the problems with the apartment and what you want them to do about the problems. If the repairs are not made within a reasonable time perios file your smalls claims or landlord /tenant suit. On the day that you go to court take photos of the deficiencies and make sure you bring copies of the certified letters you sent along with the return receipts. I am presuming that you are in the USA.  

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