I have currently sent half of the damage deposit for a place and was going to actually sign a lease tomorow. After

Expert's Assistant chat
Customer: I have currently sent half of the damage deposit for a place and was going to actually sign a lease tomorow. After looking at the place and I've found mice droppings everywhere I no longer want to move there. As I havent signed anything I requested my deposit back. He is now stating that he has my agreement on file. Can he hold me to this even though I havent signed a lease?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Nothing yet, this literally just happened
JA: Where is the property located?
Customer: In Calgary
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thank you
Answered by Debra in 15 hours 3 years ago
imglogo
Debra
10+ years of experience
logo

174572 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Debra
logo
logo
174572 Satisfied customers
logo
10+ years of experience
imglogo
Debra
10+ years of experience
logo

174572 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

img

Debra, Expert

I am sorry to hear this.

Did you agree to lease the space?

Customer
I did via text yes but obviously that was before I saw the mouse poop everywhere.
img

Debra, Expert

Did you think to ask about mice before?

Customer
No, and when we walked through it. We saw no signs of them at all. Yesterday we saw traps and dropping everywhere.
Customer
we saw no signs of them anywhere the first time we walked through and yesterday when we walked through we saw traps and the droppings. I agreed to lease the space without knowing it was infested with mice. I was told that because I had no idea when I originally agreed to lease the space about the mice that the agreement isn’t legally binding. Is this true?
img

Debra, Expert

To be able to get this tenancy agreement set aside you would have to prove that you were misrepresented as to the state of the home. You can try and take the position and hopefully scare the landlord into thinking you are trouble and you should be let go.

You can threaten to call public health and take them to the Residential Disputes Services or court and see what happens.

But from a legal point of view you have entered into a binding contract and the court or adjudicator may say your remedy is to have them rid the home of pest instead of just saying the tenancy agreement is at an end.

Do you see what I mean?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer