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Can my daughter rescind a lease non-renewal agreement?

Can my daughter rescind a lease non-renewal agreement?

Full question:

My daughter, son-in-law, and granddaughter are currently in a lease til the end of August. They had thought they might move after the lease is up but before they had time to even look around the manager of their apartment had them sign that they would not be renewing their lease. They did this in April by constantly calling and basically harassing them to sign, even though their lease is all the way til August. Now my daughter and son-in-law have discovered that they really would rather stay where they are and renew the lease, but the manager says their unit has already been rented after their lease is up. Is there anything they can do about this situation.

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Washington

Answer:

To address this situation, your daughter and son-in-law may consider seeking rescission of the non-renewal agreement. Rescission is a legal remedy that cancels a contract and restores both parties to their pre-contract positions. They could argue that the manager's persistent calls and pressure to sign constituted duress, which is a valid ground for rescission.

In general, contracts are legally enforceable agreements that create obligations for the parties involved. A breach occurs when one party fails to fulfill their contractual duties, potentially leading to legal action. If your daughter and son-in-law can demonstrate that the non-renewal agreement was signed under duress, they may have grounds to pursue rescission.

Additionally, they could explore other remedies for breach of contract, such as restitution or specific performance, depending on the circumstances. Restitution aims to return any benefits conferred under the contract, while specific performance compels a party to fulfill their contractual obligations.

It may be beneficial for them to consult with a legal professional to evaluate their specific situation and determine the best course of action. Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is considered abandonment in FL?

In Florida, abandonment occurs when a tenant leaves the rental property without notice and with no intention of returning. This can include not paying rent, not responding to the landlord, and leaving personal belongings behind. If a tenant is absent for a certain period, typically 15 consecutive days without paying rent, the landlord may consider the lease abandoned and take possession of the property. It's important for landlords to follow proper legal procedures before making any assumptions about abandonment.

What is considered lease abandonment?

Lease abandonment refers to a situation where a tenant vacates the rental property before the lease term ends without notifying the landlord. This can happen if the tenant stops paying rent and leaves personal belongings behind. Landlords must follow specific legal procedures to determine if a lease has been abandoned, which may include providing notice to the tenant and waiting a designated period before taking further action.

What is considered abandonment in a lease?

Abandonment in a lease context occurs when a tenant leaves the property without notice and indicates no intention to return. This typically involves ceasing to pay rent and not communicating with the landlord. Landlords can often reclaim the property after confirming abandonment, but they must adhere to state laws regarding notice and waiting periods before taking possession.

What happens when a lease comes to an end?

When a lease comes to an end, the tenant must vacate the property unless they have renewed the lease or signed a new agreement. If the tenant stays beyond the lease term without consent, they may be considered a holdover tenant, which can lead to legal action by the landlord. It's essential for both parties to communicate about renewal options or any intentions to stay longer.

Can you change your mind after signing a lease before moving in?

Generally, once a lease is signed, it is a binding contract, and changing your mind may not be straightforward. However, if the lease includes a specific clause allowing cancellation or if the tenant can prove they signed under duress, they may have grounds to rescind the lease. It's advisable to review the lease terms and consult with a legal professional for guidance.

What is a holdover period in a lease?

The holdover period in a lease refers to the time a tenant remains in the rental property after the lease has expired without a new agreement in place. During this time, the landlord may choose to accept rent or initiate eviction proceedings. The terms of the original lease often dictate the conditions for holdover tenants, including any rent increases or notice requirements.