I've been complaining about noise coming from my neighbor for several months and The management team doesn't seem at all concerned. After seemingly getting nowhere I asked to get out of my lease early. I am allowed to vacate and will have to pay rent until the apartment is rented again. Considering this management's history I'm not too optimistic about them trying hard to re-rent. If I'm going to be paying rent to the end of my lease I might as well stay and tough it out. Am I able to rescind my intent to leave?
Dear Nanuet Tenant:
Your "right" to resume the tenancy and the lease depend on the terms of the agreement to vacate and surrender your lease. If this "intent to leave" is not written down and you and the landlord have not signed any document to the effect of renouncing the tenancy, then nothing has occurred. Just let the office know you changed your mind.
If you did find a subtenant for the remainder of the lease your subtenant would quickly discover the reason you moved was due to the noisy neighbor and will either move out on you or stay and not pay rent. You may have engaged an attorney when this problem seemed out of control to read the riot act to the landlord and then if the landlord did not take steps to end the nuisance, negotiated your release from the lease.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
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