Legal Question in Business Law in Arizona
I have recently signed a sublease contract 4 days ago for a small suite in a beauty mall. The current lease holder asked me to pay 1st and last months rent up front. I paid the 1st months rent of $700 and have not yet taken posession of the suite. I have to provide the owners with insurance coverage, application fee of $100, and a $50 key deposit. The primary lease holder has become a different person than what I first met and spoke with her. Since I have not taken posession of the suite, and actually will not "as rightfully stated on the contract" can I back out? It was a month to month contract. Also, I did not get a signed copy of the contract agreement.
Signed, a frustrated hairstylist.
2 Answers from Attorneys
The legal answer depends upon the lease agreement you signed and I do not know what that provides. The practical answer is that you should notify the person leasing to you that you cannot meet the landlord's conditions and have decided not to rent the space, and Demand the return of your deposit. If it is refused, you can go to small claims court and sue for the return of your deposit and argue that you cancelled the agreement before it started, without receiving any consideration from the person. They will argue that you owe them 30 days notice and then it's up to the judge.
We would need to review the sublease contract to determine what options remain open to you under contract law. You can certainly attempt to rescind the contract yourself and see what happens. I am curious as to whether there are grounds based upon the primary lease holder becoming "a different person". What does that mean? In any event, our Firm can analyze the contract, research the issues and provide legal advice for a $500.00 flat fee.
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