Legal Question in Landlord & Tenant Law in Indiana

Leases

I signed a lease in late April, one for the summer and one for the fall. The next day I was turned down for a loan, and had lost a job. I called and asked if I could cancel those leases because the circumstances had changed. I was told that was fine and not to worry about it. So I threw away my copy of the lease. About a week later they called and said my guarantor was not approved and I needed another one. I explained the previous conversation to them, and the said ''well nevermind then'' and hung up the phone. Now they are trying to charge me with the rent saying this is a legally binding contract. I cannot pay any of it and have talked to them about this now twice. My question is-- if I canceled the lease within 24 hours should I have to pay for the rent still?


Asked on 7/02/08, 10:46 am

1 Answer from Attorneys
Bhaskaran D Bhaskar Associates

Re: Leases

Bad days do occur in everybody's life. In your case you believed the owner too much because of his positive words.

Your bad luck followed you, and you tore your lease papers.

I think paying a month's rent and getting off the situation once for all would be a better idea, since if ego clashes gets into then more loss may happen from your side than his.

Last advice go to compromise talk along with your intelligent talkative friends if any and wriggle out of the trouble.

GOOD LUCK

On the other hand if you want to teach the guy a lesson then you have to file a criminal case for breach of trust and even cheating. A civil case for recovery of the leased amount paid. Since already you are not in job there will be no lawyer to help you out without fees which naturally is higher than the rent that you have to pay.

Again, it all depends on different lawyers moods and ability to make up a case out of it on your case.

Some lawyers may say that we cannot file a criminal suit this is purely a civil matter. But every case you can turn it into criminal provided you catch a good criminal lawyer NOT a civil lawyer.

A good civil lawyer can be helpful to recover the leased amount.

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Answered on 7/02/08, 8:22 pm


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