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Kotkodaa, Other/Just Looking in Portland, OR

Landlord trying to cancel a rental agreement.

Asked by Kotkodaa, Portland, OR Sun Aug 1, 2010

I am a landlord trying to cancel a rental agreement. I have second thoughts about a prospective tenant (it is more personal than anything else). Deposit was not paid as she didn't have money with her and we agreed that in would be paid within 2 weeks. Contract says "Deposit will be paid within 2 weeks". It is a fixed term contract starting September 1 (a month from now). 60 days notice required. Am I allowed to change my mind before security deposit is paid and before she moved in?

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Don Tepper’s answer
As the others advise, check with a lawyer. I'm not a lawyer, so this isn't legal advice. But based on my experiences in other areas, you might or might not have a binding contract. (For instance, although no money has changed hands, you have received "consideration"--a lease that does have value and a promise to pay.)

So there are all sorts of questions involved: Is actual payment required? Under what conditions may you cancel the lease? Are there contingencies in the lease that you could invoke? What sort of landlord-tenant regulations might protect your would-be tenant (or, possibly, you)?

Check with a lawyer.
0 votes Thank Flag Link Sun Aug 1, 2010
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
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Please don't take the following as any form of legal advice--it's not.

It's best for you to consult with a real-estate attorney. Depending upon the terms of your agreement, and how your potential tenant submitted that agreement to you, then it's entirely possible that your agreement might not be effective (or binding). Your attorney will determine that, and whether any other course of action is necessary.
0 votes Thank Flag Link Sun Aug 1, 2010
I would speak with an real estate attorney in your area (MN) before moving forward. Tenants have rights and you want to make sure you are not violating them.
0 votes Thank Flag Link Sun Aug 1, 2010
Hi K. Many people believe that just because monies have not changed hands, there is no contract. Since I don't know your local laws in NM, how about contacting your attorney right away? Be very careful in your next couple of moves with this prospective tenant. You don't need a sympathetic judge deciding in favor of the consumer.

GOOD LUCK and let us know how it works out.

Scott Miller, Realty Associates, Boca Raton, FL
0 votes Thank Flag Link Sun Aug 1, 2010
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