Can I cancel that overpriced lease I just signed?

Question: I just looked at a place two days ago and then signed the lease a few hours later after much pressure from the Realtor. I signed the lease on the 11th to commence on the 1st of the following month. I have realized that this apartment is too expensive for me and I won't be able to afford it based on my salary. Is there a way to terminate this lease?

Landlords' attorney Smith replies:

At this point, you may not cancel the lease. While some states have laws that provide consumers with a "cooling off and rescission period" (like 72 hours) for certain types of contracts, typically such laws have not been extended to rental housing contracts. The lease is binding, even though you have yet to assume possession of the premises. You will remain responsible for the time the apartment is vacant and all costs associated with advertising and re-leasing the unit. This legal responsibility will stop when the premises are successfully re-leased to a qualified replacement tenant. You may be able to negotiate a lease-break fee by mutual agreement to put this matter behind you when you move.

Tenants' attorney Kellman replies:

I agree with Ted that there is no automatic cooling off or rescission period in residential leases. Once it is signed, it is usually a done deal. But even if there is no legal right to cancel the contract, there are ways that leases can be terminated with a minimum of cost to the tenant. In your case, you may be able to escape liability on that lease in several ways. You may assist in obtaining a replacement tenant by advertising or networking efforts on your own. You may offer a discount on the rent, which you would pay to attract that new tenant. There are even more methods available to break leases. A tenant may be relieved of a lease when the landlord/agent misrepresents or conceals important facts about the unit. There may be some term or defect in the lease itself that may allow an early termination. Seek legal advice before agreeing to pay any more rent on that lease to weigh your options.

Question: I currently rent a two-bedroom home that has a fairly large backyard. Who is responsible for the lawn/garden maintenance? I currently pay a gardener $60 per month to cut the grass and shrubbery. It seems odd to me that I should be responsible for incurring this cost when I don't even own the house. Can you advise?

Property Manager Griswold replies:

There are no laws or rules regarding who is responsible for taking care of the grounds/landscaping. It is subject to negotiation between the parties. In my book "Property Management for Dummies," I strongly suggest that the landlord retain control over the grounds/landscaping maintenance and care because most tenants will not properly care and maintain the property, as they don't have the same incentive as the owner. I am sure that you are different, but you can see why I might have my doubts about the desire of the tenant to pour his/her hard-earned money into anything beyond just the bare minimum of mowing and edging, as he/she is highly unlikely to reap the long-term benefits of any improvements or upgrades to the property. Thus, I would suggest you contact the owner and offer to pay $60 more per month in rent and let the owner pay the landscaper directly. While this may not seem like a big deal or an improvement in your situation because you are already paying $60 per month, it will be great to be out from under that liability should their ever be any extra work needed or should the landscaper fail to properly maintain the property and the landlord is looking for someone to blame! You could be very unpleasantly surprised to find out the cost of replacing the landscaping (especially large trees) if the landscaper you selected, supervised and paid is negligent. Let the landlord be responsible for the landscaping entirely and never give him/her any basis (however weak) to claim that it is your fault if the landscaping doesn't emulate Bouchart Gardens on a fine spring day!

This column on issues confronting tenants and landlords is written by property manager Robert Griswold, author of "Property Management for Dummies" and co-author of "Real Estate Investing for Dummies," and San Diego attorneys Steven R. Kellman, director of the Tenant's Legal Center, and Ted Smith, principal in a firm representing landlords.

E-mail your questions to Rental Q&A at rgriswold.inman@retodayradio.com.

Questions should be brief and cannot be answered individually.

Copyright 2005 Inman News