Legal Question in Real Estate Law in Maryland
changed mind after signing lease
We signed a lease and within 48hours advised property manager that we changed our mind. He agreed to let us out of the lease and destroy security deposit check. Property owner, however, attempted to deposit check and is now suing us in small claims court. Also we were never provided with a final copy of the lease, signed by the property owner, until we were served a summons. Finally, landlord did not sign all parts of the lease, and lease states that the entire sum for the year is $725, to be paid in monthly installments of $725, is this binding?
2 Answers from Attorneys
Re: changed mind after signing lease
You may have a defense based on the lack of delivery of the acceptance of the contract. The ambiguity in the rent amount will probably be construed to mean $725/mo., as that is clearly the intent of the parties (unless the evidence is to the contrary). But you can argue to the contrary, particularly since the landlord probably drafted it (one rule of interpretation is to construe a contract against the party who drafted it). Or argue that it is void for a fatal ambiguity in such a critical term as the rent. Other than the delivery argument, these theories would likely not prevail in regular court, but you can get away with running them up the flag pole in small claims. The bottom line, though, is that you signed a lease which presumably did not contain language allowing you to back out, and then you breached it. The property mgr. likely did not have authority to accept your rescission, so you are still bound.
Re: changed mind after signing lease
I agree with Mr. Press but would add that you might
want to make an argument based on agency that the
property manager was held out to you to have authority
to rescind the agreement and that you relied to
your detriment on his agreement to rescind, rented
another place (assuming that you did) and that the
rental company should now be estopped from suing you
on breach. Who knows? Might even work...