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orrandb

Can I be released from a rental agreement that I have been told starts next week?

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I had put in an application at an apartment complex in Muncie, IN during the month of March, 2016. The application process included signing a lease at the same time. After the application process was complete, they performed a background check and credit check. I was informed a few days afterwards that I had been denied due to the background check coming back with a felony (it was actually supposed to be a misdemeanor). They told me that the lease I had signed would be shredded. Approximately a month later, I spoke to them about how I might be able to overturn their previous denial and was told that if I were to supply them with something from the court, they could reprocess the background check. I got said paperwork and was told I would have to go in and sign a new lease. I had spoke with them about doing so and today received a phone call from them informing me that I have a lease and need to pay first months rent and pick up the keys. I now live in Valparaiso as I was under the impression I wouldn't get into the apartment, yet, they want me to be down there by Wednesday of next week to pick up keys and pay rent. Is there any way that this can be avoided?

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Please don't use large, non-standard fonts.  It makes your post unnecessarily difficult to read.

 

As for your question, based on what you wrote, you have no lease or obligation, but one would need to review all of the relevant documentation for sure (and it's always possible that the lease you signed did not get shredded).

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They told me they were going to shred the lease when I was denied. However, during the call I received today, they claimed that I still have a lease with them. I am thinking that they never actually shredded it. I have no physical proof as to whether or not they ever actually shredded the lease, nor do I have any way of proving that they claimed they would shred it other than 3 friends that heard them, which I think would actually be considered heresay in court, if I have to take it that far.

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Please don't use large, non-standard fonts.  It makes your post unnecessarily difficult to read.

 

As for your question, based on what you wrote, you have no lease or obligation, but one would need to review all of the relevant documentation for sure (and it's always possible that the lease you signed did not get shredded).

Sorry for the font issue. If they never shredded it, what would that mean in terms of whether it is still legally binding?

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They told me they were going to shred the lease when I was denied. However, during the call I received today, they claimed that I still have a lease with them. I am thinking that they never actually shredded it. I have no physical proof as to whether or not they ever actually shredded the lease, nor do I have any way of proving that they claimed they would shred it other than 3 friends that heard them, which I think would actually be considered heresay in court, if I have to take it that far.

 

Most of this does not add anything to what you wrote previously.  What you're describing would not be hearsay or would fall within an exception to the hearsay rule.

 

 

 

If they never shredded it, what would that mean in terms of whether it is still legally binding?

 

It would be a close call.  That you signed the lease is evidence of your intent to be bound.  However, you have not indicated whether the landlord also signed the lease, and your story indicates that the landlord did not intend to enter into a landlord-tenant relationship with you unless a certain condition occurred which did not occur.  At the end of the day, though, if the landlord produces a fully executed lease and all you have are verbal statements about what you wrote in your story, I would not like your chances.

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I guess this means I don't really have a choice without buying my way out of the lease.

 

You certainly should not conclude that based on what I have posted.  I don't have all the necessary facts (although perhaps you have filled them in to reach your conclusion).

 

Based on what you've posted, I'd have responded to the landlord by saying, "umm...we don't have a lease.  You shredded the one I signed, and I never signed another one, so why do you think we "still have a lease?"

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