We signed a 2 year lease on our dream apartment at exactly the wrong time. We have provided the first months rent and security deposit. We are now going to lose our source of income due to coronavirus. We want to figure out if it is possible to cancel the lease in any way? Or if we have to move in, how can we break the lease without having to pay 2 years of rent we can obviously not afford.
You can consider reviewing your lease regarding your rights, if any, to terminate the lease. Due to the current national crisis, you should discuss with the landlord your current situation. You should also consider consulting with an attorney regarding your legal options.
Considering the current coronavirus situation, initially, speak to your landlord and explain the situation. In all probability, your potential landlord will not want to have you move in and then not pay rent. Hopefully, you can negotiate a return of the first month's rent and agree to let the landlord retain the security deposit. Should your landlord not agree, you should immediately schedule a complimentary consultation with a tenant rights attorney.
Depends upon what your lease says. Sometimes there is a force majeure close which may excuse your performance under the contract. But if the lease was drafted by the LL, Im guessing the lease wont have one. You should look at your termination provision in your lease to see what if any options you may have. Also, its possible the local government might intervene given the present situation. In any event, you might consider engaging lawyer to review the lease and make an inquiry on your behalf. I've done that for clients on a flat fee basis to either put in a call, email or write a formal demand letter.
Best of luck.
Lou Russo
www.russolaw-llc.com