Getting out of a lease?

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Ryan

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Hi! My name is Ryan and I'm unsure if I have a case or not, or even really how to proceed from this point. Anything anyone can offer on either subject would be highly appreciated. I feel incredibly unsafe in the neighborhood I'm in and really would appreciate a way out if there is one-- this is not how I wanted to start my adult life.

Up until last week, I was living in Mission Viejo, about 400+ miles from where I have since then moved. I'm going to be starting graduate school soon and needed to move into the San Francisco area to be closer to school. After a lot of searching, I stumbled upon this property management group, SLPM, who seemed to have a lot of answers. Eventually, I sent in an application for three of their properties. Before I got approval on any of them, the lady from SLPM I had been working with called me and asked if she could add another property to my application. She said she thought it would be a "good fit" for me, and that it was a gated property.

At that point, I was unsure whether I was going to get any property (I'm 21; first time renter), so I took her on her word and she added the property. As it turns out, I got approved for that new property, and the worst of the three I applied for. By now I had looked it up on google maps but there's only so much you can figure out on that. I ask the lady I've been working with how I can "minimize" the number of times I have to go up there. It's an 850+ mile round trip and I'm not very well off either. She suggests to me that I can just take it sight unseen, since we've already established it's a good fit for me. Now, I realize at this point I shouldn't have taken her on her word, but I did and agreed to that.

Finally, when it came down to the move-in day, I wanted to move in on July 1st. I was told that it had to be a business day though, Mon-Fri. I asked her if I could move in on Friday without having to pay anything extra (Friday was more convenient than Monday-- my dad was driving me up there). She says no. So I pick this last Friday to move up and was absolutely horrified with what I've gotten myself into. My three big problems are these:

A: I was told this was a good fit. This is not a good fit. I am a 21 year old grad student on a $30k scholarship. All things that SLPM knew from my application. I go to sleep to the sound of gunfire. I don't feel safe walking to the grocery store, yet alone school. I was told to just stay indoors on July 4th or risk some combination of gunshot wound / mugging, by the leasing agent I met the day off-- that's wildly different from what I had been told up to that point.

B: Yes, there is a gate. But again, according to the leasing agent I met that day, the lock has been busted for a very long time and they don't want to fix it because someone keeps breaking the lock. Again, I don't feel particularly safe here.

C: Turns out, I do have to pay more for moving in on Friday. It's only $25.83, but it's kind of the principal of the matter, and if that's the only thing that could get me out of the lease, I want to go for that.

What I would "like" to do is get out of this lease ASAP with as much money as I can get out of here (already put down deposit + first month's rent), and move to a different property that I did get a chance to see that in a MUCH safer neighborhood. I didn't consider it at first because I'd need a roommate to afford it, but at this point, I am all to happy to take two roommates on if it means I can get out of here. I spend all day terrified of stuff happening right outside my windows-- I don't think that's right. :(
 
If you are not safe you can leave whenever you like. You will likely have to fight to get any deposit back. Your first month is paid whether you stay or not. You wont get that back.
You are not on the hook for the full lease. The landlord must make a good faith effort to rent the apartment and minimize any loss. This sounds like an apartment that changes hands frequently, so you should be fine. Besides, they would have to sue to recover anything from you and you don't have anything to sue for. If you haven't done so, you should speak with them immediately and indicate your intention to leave and reasons why. Even better, put it in writing.
If you need money to move then you are probably stuck for awhile.
You learned a lesson the hard way.
 
Thank you! You're right-- this was a lesson VERY hard learned. I'll take any more advice that anyone can offer who might still be reading this, but I'm going to go ahead and act on mightmoose's advice in the mean time.
 
Be aware that they can get a judgment against you. If that happens, they have a LONG time to collect. And it may be renewable.

It's true that the landlord has a duty to mitigate and must make a good faith effort, but that's not always a difficult thing to prove to a court.

So just be warned - you might not be walking away as "cleanly" as you think.
 
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