Lowest of the low... asking RTTP for rental/legal advice[views:2748][posts:16]________________________________ [May 25,2012 2:32pm - xmikex ""] So I'm meeting with a rental agent in 3 hours to sign a lease on an apartment. I filled out a rental application and put down a deposit on the apartment last week. The rental app is pretty straightforward in that I agree to the timetable of payments outlined. If I pass the credit/background check then I agree to rent the apartment. If the landlord rejects the application I get my deposit refunded, if I back out for no reason they keep the money. BUT It also says the following: "The undersigned warrants and represent that all statements herein are true and agrees to execute upon presentation a STANDARD FORM APARTMENT LEASE, a copy of which the applicant has received or has had occasion to examine, which lease or agreement may be terminated by the Lessor if any statement herein made is not true." I was never given or shown the lease. Is this technically a beach of contract? If they show me the lease and there's something I don't like on it, do I have grounds to turn it down and get my deposit back? |
| ____________________________________ [May 25,2012 2:47pm - Alx_Casket ""] So you signed the rental app, thereby agreeing that you received a copy of the lease? You should have asked for it before you put down the money and your signature. |
| ________________________________ [May 25,2012 2:52pm - xmikex ""] Old news. |
| ___________________________________ [May 25,2012 2:53pm - chernobyl ""] Let me ask you this, Mike. Who rly cares, bro? |
| ________________________________ [May 25,2012 2:55pm - xmikex ""] chernobyl said:Who rly cares, bro? Sounds like a mystery for Cherlock Holmes. Useful advice or gtfo. |
| _________________________________ [May 25,2012 2:58pm - RustyPS ""] Without knowing what the law would be for something like that, I would say that on it's face value, you would not have any grounds to get your deposit back since, like Alx said, you already signed the contract that states you already received the lease. I could be wrong though. |
| ____________________________________ [May 25,2012 2:58pm - Alx_Casket ""] If you don't like something on the lease, ask them to change it and they should agree within reason. Read harder next time. |
| __________________________________ [May 25,2012 3:00pm - chriskar ""] from reading that, all the contract states is that youll have had time to read the agreement before signing. if you find something in the contract not suitable for you, you can back out assuming they won't accomodate you. that would be grounds for reasonable negating of the contract. Backing out over an issue in the agreement would not be considered "for no reason" its basically stating that you will have read and understood what you are signing when you agree to lease...make sense? |
| ________________________________ [May 25,2012 3:04pm - xmikex ""] I wish everyone just lived in Chinatown and you settled things by the law of the jungle. |
| ___________________________________ [May 25,2012 3:05pm - arktouros ""] if you haven't signed a lease you aren't obligated to do anything. mass has a lot of renter protection laws, if for any reason you end up not signing, you should be able to get your deposit back one way or the other. |
| ___________________________________ [May 25,2012 3:08pm - arktouros ""] http://www.masslegalhelp.org/housing/legal-tactics1 see 1 and 2 bra |
| ________________________________ [May 25,2012 3:33pm - xmikex ""] Thanks Ark, but I'm not sure if I found anything relevant to my situation. I can't afford this apartment anyways, so I'll be homeless and/or dead in 6 months no matter what. All problems solved. |
| ___________________________________ [May 25,2012 3:42pm - arktouros ""] i've looked at places outside of boston before, i don't know how you guys afford that shit. |
| ______________________________________ [May 25,2012 4:12pm - the_reverend ""] A lot of renters contracts in mass are given a 24 period where you can back out for almost any reason. |
| ________________________________ [May 25,2012 4:16pm - xmikex ""] well, as mentioned this was a week ago, and I don't see any time stipulation on it. |
| ____________________________________ [May 25,2012 4:40pm - alexc nli ""] Did the realtor have you sign an agency/fee disclosure? This is something pretty standard that you sign before you even go see a place. If so, you can back out for any reason before acceptance, but once you have been accepted by the landlord, typically those disclosures state that the agency and/or landlord can hold your deposit as "damages". The rental app itself doesn't usually hold up on its own in said situation. |
| __________________________________________ [May 25,2012 5:28pm - largefreakatzero ""] 1. Ask to see the apartment one more time. 2. Take an upper decker, or perhpas hide the poop in a lighting fixture. 3. GTFO 4. ??? 5. Prof...no, actually no profit. |