If my mom signed a lease for a house to rent does she have to move into it!? PLEASE READ?
Ok so my mom signed a lease for a house and I found a way nicer one for the same price. We haven't moved into it yet but is there any way we don't have to move into the house that she signed the lease for or what?
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- She already signed. The landlord can sue her for the rent for the entire term of the lease. (Unless and until he rerents it, she owes the money.)
- Well, no. No one can force you or your mom to move in anywhere. Now legally, if she signed a lease, the owner could sue her for breaking the terms of the contract. Depending on the landlord, some will file and get a judgement against your mom and it could hurt if she doesn't pay up. I'd personally try to cook up an excuse, try to offer some sort of payment to shut the owner up and hope they don't sue your mom. It does cost time and money to file a case in small claims court, but most landlords are pretty familar with the process and are not scared to file in cases of broken leases. They probably have all the legal rights on their side. Hopefully, for your mom's sake there is some "clause" or "break early and pay this smaller amount" fee to get out of it. Maybe the landlord will be understanding, but I can promise you they won't want to hear that you simply don't want to live there because you found a nicer place. Personally, depending on the wording in the lease agreement - how much is the total she could get sued for? Weigh that against the cost/inconvenience of going through with it. If it's not too much and you think the landlord might not sue your mom, i'd say screw it and go for the nicer place. Moving sucks and if you can find a better place for you and your mom, do it. If the lease agreement isn't rock solid and vague about breaking it, then I'd risk it. It takes about 2 months to file a case and get to court - depending on where you live. Your mom could then call the courts and "reschedule" the hearing cuz of whatever reason and stall it. Keep stalling and maybe you'll get lucky and the owner will give up. and this is assuming he'll sue you in the first place.
- No she does not but she still must pay the rent for the full term. A lease is a legal binding contract and failure to meet the requirements will lead to her being sued. Read the lease
- In most states you have 3 days to change your mind, but she can keep the deposit.
- She doesn't have to move in but she'll still be responsible for the rent for the entire lease period or termination fees (if its in the lease that it can be terminated).
- They don't care if she moves in or not, but if she signed the lease, she's responsible for paying the rent for the term of the lease unless the owner is willing to let her out of it.
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