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Posts: 2
Reply with quote  #1 
Can a landlord terminate the lease on grounds the deposit check at the signature of the lease did not past and was not paid?

Posts: 17
Reply with quote  #2 

The landlord should be in the clear as long as the tenant didn't overly rely on the lease. If the tenant has already relied on the lease being in effect, like moving his or her stuff in, the tenant could sue the landlord for anticipatory repudiation, a form of breach of contract.

If, on the other hand, the tenant was just sitting and waiting for the deposit to go through before acting on the lease, then the landlord should be able to safely withdraw without too much fear.

Still, check with an attorney before acting since there might be facts I'm missing.
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