One week ago today, I signed a month to month lease on a townhouse.  I
will probably be moving out of the area, and no longer wishe to rent
the unit.  I was suppose to move in on October 1st.  I haven't paid
the rent or security deposit yet, nor have I taken possesion of any
item regarding the unit (keys, etc.)  Can I get out of the lease, and
what are my liabilities if any?

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Clarification of Question by sahweet-ga on 14 Sep 2004 15:10 PDT

I am in Santa Rosa, California.  The only wording to the extent of
terminating the agreement is as follows: "Rental on a month-to-month
basis until either party terminates this agreement by giving the other
party 30 days written notice"

Also it says "The term will commence on____________, and continue and
then refersto the section above.  The landlord did not fill in a
commence date.

What does the lease say? Typically the lease will have some wording
that specifies the timeframe for backing out of the lease with no
pentalties. It would also help the researchers if you tell them where
you are as local tenant/landlord laws vary from state to state, or
country to country ;)

forge

At a minimum, you should immediately tender proper notice of
termination effective October 31, 2004.  That will minimize your
damages to just one month's rent, assuming you do not find a more
creative method of avoiding the lease altogether.  By definition, a
month-to-month tenancy ends at the end of every month and is renewed
automatically if the tenant remains in possession or, in your case,
fails to give proper notice.  So read the lease and see what it says
about notice of termination, then make sure you give that notice now.

As forge said, the lease may also provide for termination if you never
take occupancy.  Also, some state laws (California, for example, is
very pro-tenant) may provide that if you never take occupancy you may
be able to terminate the lease.

You should probably consult with a California landlord-tenant lawyer,
but it seems to me that if you give the landlord notice of termination
now, you will have certainly provided the requisite 30 days' notice of
termination (since you must give notice by October 1, 2004 to
terminate the lease on October 31). Make sure you give notice as
required by the lease (certified letter, return receipt requested, or
hand delivery--whatever the lease says--if the lease does not say, use
certified US mail, return receipt requested).

In that same notice, you could also state that you are not intending
to take occupancy and that the landlord should act now to find a new
tenant so as to mitigate his damages.  So, for example:

"Dear Landlord,

By this letter you are notified that I am not able to take occupancy
of the property located at ___________________.  Because the term of
the lease I signed on ________ has not yet begun, please excuse me
from the lease in its entirety and find another tenant.

In any event, this letter will provide the required 30-days' notice of
termination of the lease, with termination to be effective October 31,
2004.

Sincerely, etc."

Then, just don?t take occupancy on October 1.  As I said before, you
have limited your damages to one month's rent should the landlord
decide to sue you.