Leasing Agreements and Your Rights as a Tenant

A lease is a legally binding document that outlines the responsibilities of both the landlord and the tenant. Typically, once both parties sign the lease, it becomes a binding contract, making it difficult for either party to change their mind without legal consequences.

Why Can't a Landlord Change Their Mind After Signing a Lease?

The primary reason a landlord cannot change their mind after agreeing to let a tenant move into an apartment and signing a lease is because the lease is a legally binding contract. This means that both parties are obligated to adhere to the terms of the agreement. Violating any part of the lease agreement, including attempting to change it after it has been signed, can lead to a legal dispute and may involve a lawsuit.

Exceptions to the Lease Contract

While a landlord is generally bound to honor the lease agreement, there are some rare exceptions:

False Application Information: If a tenant provides false information on their application, such as income or employment details, and this information remains undisclosed until after the lease is signed, the landlord may have a legal basis to terminate the lease. However, this is a rare scenario and would require evidence of intentional deception. Mistakes in the Lease Agreement: Sometimes, errors in the lease such as typographical mistakes can be rectified. For example, if a rent amount is written incorrectly or there are discrepancies between the written and numeric amounts, these can be amended to reflect the correct information.

Legal Remedies if a Landlord Changes Their Mind

Even if a landlord tries to change their mind and terminate a lease unilaterally, the tenant has the right to pursue legal remedies. Specifically:

Early Termination Fee: If the landlord wants to terminate the lease, they should expect to pay an early termination fee or any other penalties as stipulated in the lease agreement. The tenant can hold the landlord accountable for fulfilling their obligations under the contract. Legal Action: If the landlord refuses to honor the lease, the tenant can sue the landlord for breach of contract. This can result in monetary damages for the tenant and any other legal action necessary to enforce the terms of the agreement.

What if the Landlord Finds Out About Something Intolerable?

There are scenarios where a landlord may discover information about a tenant that they deem intolerable, such as criminal activity or past behavior that could impact the safety and well-being of the landlord or other tenants. In these cases:

Conditional Termination: If the landlord finds out something that is not addressed in the lease agreement, such as a criminal history, they may have grounds to terminate the lease. However, this would require a court to determine if there was a meeting of the minds, meaning both parties agreed to the terms of the lease before its signing. Recourse for the Tenant: The tenant has the right to fight against such termination, and if a court rules in their favor, the landlord may still be required to fulfill their contractual obligations.

Options for Both Parties

Both the landlord and the tenant have options if a lease needs to be modified or terminated:

Selling the Lease: If the landlord needs to sell the apartment, the tenant might consider purchasing the lease back from the landlord at a fair market value. This can be a solution that benefits both parties. Legal Advice: If you encounter any disputes or changes to the lease, it is highly recommended to consult with a legal professional. A lawyer can provide guidance on how to proceed and protect your rights under the law.

Ultimately, the key to managing a lease is understanding the terms and adhering to them. Both landlords and tenants should approach lease agreements with seriousness and respect, knowing that breaching the contract can have serious legal consequences.