Legal Question in Real Estate Law in New Jersey
Rental
I just paid a realtor his fee and gave one month security deposit on an apt 2 days ago. The apt is a month to month lease and I was due to move in on Feb. 1 at which time the 1st months rent was going to be due. Other than having filled out a credit application i did not sign a lease agreement. I have changed my mind about renting the apt for personal reasons. Can the realtor, by law, keep the fee and can the landlord keep my security deposit, by law, if I have changed my mind. The old tenants are still there and will be out by Feb 1. I have not yet been given the keys to the apt and I was not obligated to pay 1st months rent until Feb 1. Am I going to lose out on $1920? Please advise.
1 Answer from Attorneys
Re: Rental
A lot depends on what you did sign.
Some contracts have to be evidenced by a writing. Contracts regarding real property and those for amounts over $500 are among those. The writing must be signed by the person to be charged with responsibility under the contract. In this case that would be you. However, the contract need not be a formal one; it is sufficient if it indicates to the satisfaction of the court that a contract has been made and gives enough information for the court to enforce it.
Since you want to avoid this contract, the primary issue would be whether there was a writing sufficient to form a contract.
So, the answer to your question is that it could go either way depending on the specific facts. You should make all the relevant information available to your lawyer with emphasis on anything that is in writing. If I can be of further help, my contact information is attached to this message.
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