Re: Signed lease for one year

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On 2/25/09, Joanne wrote:
> I was in the process of selling my home; therefore, I
> signed a one year lease to rent a townhome with a move in
> date of March 01, 2009. I paid $2,500.00 for the deposit
> as well as $2,000.00 for the first months rent for a total
> of $4,500.00. Days later (two weeks before my move in
> date), the deal to sell my home fell through, so I
> couldn't move out of my home. I contacted the leasing
> agent and told her about my situation and she said she
> would try to get my money back as soon as possible. I
> have called her several times and obviously she is
> avoiding me. Do I have any legal rights to a refund of my
> money or at least a portion of it? Is there anything I can
> do at this point, or am I stuck because I signed a one
> year lease?

Depends on your local landlord tenant laws. Under the
common law you would not get back any of your first month's
rent and your deposit would be used to compensate for
damages to the landlord. If the apartment is rented right
away to someone else, you would be entitled to a refund of
your deposit minus the cost of re-renting it (newspaper ad,
rental agent fee, etc.) Actually, if the town isn't re-
rented within the second month, you could be liable for the
rent for up to one year or until it is re-rented. If it can
only be re-rented at a lower rent, you must make up the
difference for the length of your lease. Sorry, but you may
not only lose your first month's rent and deposit, you could
actually lose even more. Good luck with this. Hope the
landlord re-rents it right away.