Back out of Rental/Lease agreement

[rhallmcp]

Jurisdiction

New York

long story short... My daughter lives in a college town/city(upstate NY) and had a misunderstanding with her boyfriend and decided to move out. she haphazardly agreed online to a new college apartment lease. we all know what happened next, they worked out the misunderstanding and she tried the very next day to back out of the lease. She wasnt even able to move in until late August, and they are telling her that there is nothing they can do and that she is committed to the lease.

Is there a back out/cooling off period for some of these?

this is a very popular location and they fill up quickly, so i would think they would let her out due to them being able to quickly fill the spot.

 

[adjusterjack]

Did she put up any money?

 

[justblue]

long story short... My daughter lives in a college town/city(upstate NY) and had a misunderstanding with her boyfriend and decided to move out. she haphazardly agreed online to a new college apartment lease. we all know what happened next, they worked out the misunderstanding and she tried the very next day to back out of the lease. She wasnt even able to move in until late August, and they are telling her that there is nothing they can do and that she is committed to the lease.

Is there a back out/cooling off period for some of these?

this is a very popular location and they fill up quickly, so i would think they would let her out due to them being able to quickly fill the spot.

Please clarify what you mean by "haphazardly agreed online".

How old is your daughter?

Thank you.

 

[army judge]

Is there a back out/cooling off period for some of these?

Contracts, Cancellations & Refunds

To form a contract in New York, one person must make an offer and the other person must accept it. Then, they must agree to exchange something of value, such as money, goods or services. If the value of the contract is more than $500, the contract must be in writing. If it is not in writing, it may not be enforceable. But an oral contract may be enforceable in certain situations. For instance, if the parties have already performed all or part of the contract, it may be enforceable. Or, if one party has already received the benefit of the contract, it may be enforceable.

If you get "buyer's remorse" and want to cancel the contract, you may not be able to do so.

In general, New York does not have a "cooling-off" period. A cooling-off period is where you can change your mind and cancel the contract. For most types of sales, you cannot cancel if you later change your mind.

Sometimes a seller will tell you that there is a cooling-off period even when there is not. They do this to try to get you to buy the product or service right away. You should check the laws before entering into any the contract. This is especially true if you are unsure whether you want, need, or can afford the product or services. There are "cooling-off" periods for certain products and services.

Under federal law, you have three days to cancel the following contracts:

• Door-to-door sales contracts for more than $25.00;
• Home improvement loans;
• Contracts for more than $25.00 that is not made at the seller's normal place of business.

Under New York law, you have three days to cancel the following contracts:

• Health club memberships;
• Home improvement contracts;
• Telephone sales contracts;
• Campground membership contracts;
• Dating service contracts;
• Home food service plans;
• Credit service contracts; and
• Door-to-door sales contracts.

You do not have a right to a cash refund if you return a product, although many stores do offer refunds and exchanges. Sellers that offer cash refunds must post a written return policy. They also must refund your money within 20 days. In certain situations, stores must give cash refunds, even if they have a "no cash refund" policy. If the product is defective, consumer protection laws may give you the right to a cash refund. The same is true if the seller engaged in false advertising.

Legal Editors: Mark Grossman, Esq. and C. Jaye Berger, Esq., May 2018

Contract Law - Cancellation Law | NYC Bar

Learn about contract laws and cancellation laws from the NYC Bar Legal Referral Service. Find an experienced attorney in New York.

www.nycbar.org

No Lease Cooling-off Period

Landlord-tenant laws usually do not afford a "cooling-off" period where you can back out of a lease agreement without penalty.

The Federal Trade Commission does have a law allowing a 72-hour cooling-off period for a retail sale of $25 or more, but this does not apply to a rental lease agreement.

Once you sign a lease agreement, it is legally binding. Your landlord is well within his rights to force you to comply with the lease agreement including suing you in civil court for breaking the agreement if you choose not to pay monthly rent in accordance with the lease's rules.

This could leave you with an eviction notation on your credit report which can severely damage your chances of renting another apartment or other residential rental property.

Can You Cancel a Rental Lease Within 24 Hours of Signing? | Sapling

Once you sign your rental lease, it becomes legally binding. This means that you cannot easily void the lease agreement and may be on the hook for any penalties stipulated in the agreement. There is no "cooling-off" period which allows you to change your mind or back out of the lease.

www.sapling.com

 

[rhallmcp]

Please clarify what you mean by "haphazardly agreed online".

How old is your daughter?

Thank you.

basically she wasnt thinking clearly about everything> she had looked at these apartments in the past, so she went online and filled out the paperwork..

She is 25

 

[rhallmcp]

Did she put up any money?

no money was put down. the move in period isnt until late august.

 

[adjusterjack]

she went online and filled out the paperwork..

Filled out what paperwork?

Have her come to this thread and describe what she "filled out."

Did she keep copies? Screen shots?

It's critical to get accurate information from her rather than second hand information from you.

 

[zddoodah]

she haphazardly agreed online to a new college apartment lease.

she had looked at these apartments in the past, so she went online and filled out the paperwork.

One can go online and submit an application (which typically requires payment of an application fee and/or credit check fee) and, after the application is approved, the landlord will send a lease to be signed (which can be one online). But I've never heard of a landlord who allows potential tenants simply to go online and sign a lease. There's always a screening process.

Did she actually sign a lease?

Bottom line: If your daughter obligated herself to a lease, she's obligated. She needs to read the lease to determine the extent of her rights and obligations. However, if she chooses to breach the lease, section 227-E of the New York Real Property Law imposes on the landlord a duty to mitigate damages by finding a replacement tenant. If, as you wrote, "this is a very popular location" such that the landlord can "quickly fill the spot," then it may be that all your daughter will end up owing are the costs associated with the landlord finding a new tenant.