My mother signed a lease and put down a deposit on an apartment. There are now complications for her to move there. She signed the lease on Wednesday the 9th, but did not yet pay her first month’s rent.
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She had until the 12th, 3 days.
Legally she signed a binding document and since she has not paid her rent, the landlord can take her to court for non payment and win. There really isn’t a time frame in regards to her situation. The only way to be released from any legality is if she has a health problem and where she would be renting would cause harm to her.
There is no time frame, no 3 day rescission. Once it’s signed, that’s it. She owes a months rent at minimum and must give notice to leave. If the lease states a length, she may be liable for that term or until it can be rented again.
Don’t sign things you don’t intend to honor.
There is a “cooling off” period for 10 days after signing of contracts to annul them.(Ontario,Canada)
She may still be responsible to pay the deposit , but the purpose of the contract out is to absolve the signor of any financial attachments.
There has not been much time lost from signing , and they may still be able to rent to other candidates if any, but if not, that is the reason for the deposit, so….
She must formally (in writing) ask for cancel, give reason, if any, and ask for reimbursement of deposit, or return of the cheque.
Talking to her bank on Monday can cancel the cheque as another option. She did NOT give cash I hope!!
Much depends on:
1. terms of lease pertaining to breach,
2. rental market in mom’s locale - how much trouble landlord will have to rent the place -
3. mom’s reasons for vacating the lease, and
4. applicable landlord/tenant residential tenancy law in the locale.
Generally, signed contract plus consideration (deposit) is binding, but if mom can put together a brief, one-page letter plus phone call with good reasons for breach, landlord may be amenable to return deposit and tear the thing up. If it’s a month by month lease requiring only 30 days notice to vacate, mom may be out no more than a month. Check terms of contract ASAP and act accordingly.