Apartment and Rental Properties - Signed a contract to rent, site unseen.

My wife and I signed a contract to rent an unfinished Town Home site unseen in Washington. We went up weeks later to inspect the property, we currently live in AZ, and the Town Home was way to small for our needs. We have already put down a sizable deposit and first months rent.

The question is, can we break our contract based on our needs and that we signed site unseen?

Not familiar with Washington law. However, similiar situation happened with me. Husband signed a lease for a property that I had not seen when we were moving out of state. I didn't like the property when I saw it and wanted out of the lease. We were told that he signed a binding contract and was responsible for the rent until the property was re-rented, plus we would lose our deposit because we were breaking the lease. We decided to stay for the year. I think unless the property is unlivable you don't really have many options without losing some money. You may want to talk an attorney, to see what you can do.

Pretty common that you're on the hook for the rent until someone else leases the property and potentially some fees as well - we charge 1/2 month's rent for a lease break.

A signed lease is a legally binding contract. Read the lease, including the fine print to see what your obligations will be.

I think what is so annoying about it is that potential tenants do not get the same rights as potential buyers. Buyers have, at least in some states, a period of time to rescind the contract on site unseen properties. It is unfortunately this same right isn't given to tenants.

My only recourse is to pay a small fee to sublet the rental to someone else. This is something I am more than willing to do given the extreme space restrictions of the Town Home.

Your failure to perform due diligence is not a reason to be upset at a landlord for holding you to the contract you signed.


I would also like to know what states allow a rescission or a contract based upon not viewing a property. While there maybe some, I know of none. I would love to hear which states do allow this.

Landlord should present you with a Permission to Sublet Agreement Form. This is no way releases you of the responsibilities for the rent, damages to property, or other obligations as stated in the lease agreement that you originally signed. Whoever sublets the property should complete the same lease agreement that you did. Again, this in no way releases you. Contracts are not valid unless signed by the landlord. The sublessee will have to pay a deposit as you did.

I am not aware of right to rescinsion when purchasing a home. Contracts can be written with contingencies such as pending inspection, pending financing, pending sale of buyer's home, etc. If the inspection reveals serious defects, buyer fails to get financing, or home does not sell, then he has an 'out' to the contract. Purchasing a home is a major investment, and most buyers would look at a home before purchasing it. Swamp land in Florida is another story.

While your circumstances may have prevented you from inspecting the apartment before signing the lease, you could have requested detailed info with sketch of layout and measurements of the rooms, photos inside and out, etc. This way you would have known in advance that the property was too small. It always pays to do your homework.

With luck you have found a larger place to your liking and in a good neighbor and the place has been sublet by now to someone who will fulfill the obligations of the original lease. I know that when I was in school that landlords would not let students sublet. Skipping out on the rent by the sublessee was common and collecting from the original Lessor was next to impossible, especially from out-of-state students who finished school early or dropped out.

Sorry you had to go through this.

I see it happen all the time people who look at the properties they are renting or leasing and they get shown a different apartment or unit then the one they will be provided.

An example would be a furnished mini model unit with all the bells and whistles. As stated earlier just get your contract and look it over with your legal counsel and see what your options are.