Can a landlord keep your if you haven’t moved in yet?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord keep your if you haven’t moved in yet?
I recently signed a lease for a house that I was about to move into due to a job transfer. However, before taking possession I was terminated from my job.
Asked on June 15, 2012 under Real Estate Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Once you sign a lease, you are obligated to it. The fact that you did not move in yet does not matter. It also does not matter if you have a good reason for breaking your lease, such as loss of a job--again, all that matters is the legal obligation you incurred upon signing the lease. The landlord would certainly be able to keep your security deposit as compensation for rent you are obligated to pay but do not; theoretically, the landlord is entitled to the rent you would have to pay for the entirety of the lease--or least until he/she finds someone else to rent, if that happens before your lease would have expired--and if the security deposit does not cover the full amount you'd owe, could sue you for the balance.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.