Legal Question in Real Estate Law in Massachusetts
rental void
I signed a lease 4/28/09 for an aparment for 9/1/09. Found out I got into graduate school 4/29 so I am quiting my job. Called realtor 4/30/09 to cancel lease. Now realtor is holding my lease and claims the landlord will not put the apartment back on the market. She is also refusing to give me the landlords information. Do I have a case to get out of this situation.
4 Answers from Attorneys
Re: rental void
Congratulations on getting into graduate school!
You should have your lease reviewed by an attorney.
The landlord MUST put the rental back on the market, and cannot sit on an empty apartment. You should probably contact your bank and put a stop on any checks you wrote for first month, last month, and security immediately.
Don't hesitate to contact my office if I can be of any further assistance.
Re: rental void
Yes. The landlord has an obligation to mitigate their losses by putting the lease back on the market. If they do not do so, then they have no reasonable cause of action against you.
I do not know who the landlord or the real estate agent is but they are being unreasonable.
Likewise if the landlord had not signed the lease when you called the real estate agent, you can argue the lease was null and void. A landlord is required to provide a copy of the signed lease to the Tenant. That means with their signature.
Good Luck
Re: rental void
You have a right to the landlord's information, it should be on the lease. You can also get the information by checking with the registry of deeds for the county, and searching for the property.
Re: rental void
Congratulaions on being accepted into Grad School.
If you did not receive a copy of the lease signed by the landlord you may be able to argue the offer you made was never accepted and did not become a contract. Insist on receiving a copy of everything you signed in which you should find the landlord's information. Take that to an attorney to help you negotiate a cancellation of any contract to which you may be obligated. The landlord has a duty to try to rent the property to mitigate their damages, if any. Good Luck!