Never took possesion, No Guarantors, Suit, HELP!

[renter86]

In a nutshell, my 2 friends and I signed a lease and were given guarantor forms to have signed and told that them being signed was a condition of being able to take possession of the property and were given a deadline to turn in the forms.

We decided not to live there after a string of break-ins at the property and a murder.
*We sent a certified letter to the agent saying that we retracted our offer to rent the apartment.
* Never turned in Guarantor forms
* Guarantor form contains clause stating that, "The execution and delivery of this guarantee by the guarantor is a condition to the Landlord's entering onto the Lease and is made to induce the Landlord to enter the Lease."
* Realtor did not practice "due diligence" in relisting the property in an attempt to mitigate losses.

We're now being sued by the Real Estate company for the full amount of the 12 mo lease and interest, despite all of the above AND despite that the term of the lease isn't even up.

The only reason that we didn't just roll over and deal with it is because a lawyer in the area said that there was no contract due to the above.

I'd appreciate other options. Initial hearing is over and the court date is in 3 weeks. HELP!

 

[Gail_in_Georgia]

You've already received advice from an attorney. Go with what that person has told you. Make certain you show up for the court dates.

Gail

 

[jharris352]

I agree with Gail and the attorney. There is no enforceable lease and in the alternative they can't sue for all 12 months anyway. Go to your court dates, state what you said here, and you will win. Do your homework, take all your papers, be prepared. Good luck.