Legal Question in Real Estate Law in Indiana

Rescission Right of Apartment Leasing

Is there any rescission rights when leasing an Apartment? If so is there a requirement for the managing company to notify leasor. I.E. signed lease on January 31 to moving in February 7. Decide on February 2 that I can't move because of xyz. Can I break the lease. I haven't really moved in.


Asked on 2/21/01, 11:53 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Rescission Right of Apartment Leasing

Unless the lease has a specific provision allowing you to terminate the lease early, there is no right of recission for a lease if you have decided not to move in. Depending upon the situation some leases provide for early termination in the event your employer requires you to move. Others do not. If the reason you do not want to move in does not appear in the lease as a reason for early termination, then you cannot break the lease without some compensation to the lessor.

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Answered on 4/04/01, 4:56 pm


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