question about my length of lease (apartment, lease agreement, tenants, roommate)
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My roommate and I have had multiple problems with our current landlord. I wrote her a formal letter addressing several issues and she responded to me via text message. She goes out of state on a frequent basis so we never see her in person. I've asked about moving out by June 1st, considering that's when we moved in, but she says we are bound until July 24th. She claims our apartment is an August rental.
Our lease says two separate things about the length of our contract. First it says one year beginning June 1st, then in another spot it says until July 24th. Can we be held responsible if the terms are unclear? We honestly don't remember the agreement because we didn't receive a copy of the lease until I badgered her for over a month. We moved in June 1st and didn't get a copy of our lease until AT LEAST September, although we believe it was closer to November seeing as we had it laying on our counter until around Christmas.
I can go into more detail on problems and how unprofessional she is, but my main question is whether we are bound until July 24th when we moved in June 1st.
Also, if she didn't actually sign and date the lease but just typed in the name of her company with no date.. is it binding?
My roommate and I have had multiple problems with our current landlord. I wrote her a formal letter addressing several issues and she responded to me via text message. She goes out of state on a frequent basis so we never see her in person. I've asked about moving out by June 1st, considering that's when we moved in, but she says we are bound until July 24th. She claims our apartment is an August rental.
Our lease says two separate things about the length of our contract. First it says one year beginning June 1st, then in another spot it says until July 24th. Can we be held responsible if the terms are unclear? We honestly don't remember the agreement because we didn't receive a copy of the lease until I badgered her for over a month. We moved in June 1st and didn't get a copy of our lease until AT LEAST September, although we believe it was closer to November seeing as we had it laying on our counter until around Christmas.
I can go into more detail on problems and how unprofessional she is, but my main question is whether we are bound until July 24th when we moved in June 1st.
Also, if she didn't actually sign and date the lease but just typed in the name of her company with no date.. is it binding?
If she didn't sign and date the lease it's not binding and you have no long lease but are on a month to month contract. Depending on the state in which you live you're required to give 30 days and possibly 60 days notice of quit. You can give her more than the required notice so just do it!
Be more careful next time around and both read and understand the terms of any lease agreement. If something doesn't look right, investigate further and ask questions before doing any "blind signing!" Cheers and good luck!
Also, if she didn't actually sign and date the lease but just typed in the name of her company with no date.. is it binding?
What do you mean by "if she didn't actually sign it"...it is either signed or not...
As the previous poster stated, not signed means that your contract is not binding other then a month to month lease and you have 15 days to give notice ....
If she signed that makes it a totally different issue. In many States a LL is not allowed to draw up a lease for longer then 1 yr and in that case your lease ends May 31st.
There were two placed for us to sign where it said tenant. And below that there is simply the name of her *company* name and LLC, then the city where we are located. There is no actual written signature, it's like it was typed there and there is no date.
Thank you to both of you, i'll be looking up our state law to see if the lease can be for longer than one year. I'm thinking of getting the lease looked over because of all the typos and what not. I just didn't know exactly what I should do. I've just had so many problems and her reply to my letter contained nothing but accusations that basically called me a liar. She's simply not professional. I'd rather not take her to court and I've been told to report her to the Better Business Bureau, but if the lease is simply not binding then that would make everything so much easier. =/
If she didn't sign and date the lease it's not binding and you have no long lease but are on a month to month contract. Depending on the state in which you live you're required to give 30 days and possibly 60 days notice of quit. You can give her more than the required notice so just do it!
Be more careful next time around and both read and understand the terms of any lease agreement. If something doesn't look right, investigate further and ask questions before doing any "blind signing!" Cheers and good luck!
The OP might only have a copy of the lease. The original might be signed and dated, there is no way to know this.
The important factor is whether or not THE LESSEE signed and dated it. If they did, then they are liable under the terms and conditions. Since they stated that they did not get a copy of the lease for several months AFTER they moved in, I am assuming that they did not sign it. If there is anything ON A LEASE that you do not understand or have a question about (like the discrepancy in the dates that you mention), then you should not sign it until you understand everything and are satisfied that it is correct. Otherwise you are stuck with whatever terms and conditions are in the lease, unless you want to hire an attorney and fight it in court.
The OP might only have a copy of the lease. The original might be signed and dated, there is no way to know this.
The important factor is whether or not THE LESSEE signed and dated it. If they did, then they are liable under the terms and conditions. Since they stated that they did not get a copy of the lease for several months AFTER they moved in, I am assuming that they did not sign it. If there is anything ON A LEASE that you do not understand or have a question about (like the discrepancy in the dates that you mention), then you should not sign it until you understand everything and are satisfied that it is correct. Otherwise you are stuck with whatever terms and conditions are in the lease, unless you want to hire an attorney and fight it in court.
20yrsinBranson
A legally binding contract must be signed by all parties. The LL's typed company name isn't a signature. The tenants signed the lease and sent it to the LL and then the LL sent them a copy months later.
A legally binding contract must be signed by all parties. The LL's typed company name isn't a signature. The tenants signed the lease and sent it to the LL and then the LL sent them a copy months later.
This may not be the original (it probably is not). The landlord probably has the original and she probably signed it. This is probably a copy that was sent to the OP before she signed the original.
When I worked for an attorney, we sent copies of unsigned documents all the time for our clients' records. Just because the piece of paper they have is unsigned does not mean that it is not a valid lease. You need to see the ORIGINAL and see if it is signed or not.
Gotcha Branson. Someone else was telling me about that. I'm just slightly confused as to how, if it is a copy, that her signature isn't on it.. but I think I get it. She made the copy before she signed it? Considering she didn't get me a copy until several months after we moved in, that would lead me to believe that she didn't sign it for quite some time. But it's what I should expect from her at this point. Thanks so much for helping me out. =)
It's not too difficult to determine an original from a copy - which is precisely why a SIGNATURE is required of all parties, not a typewritten name. There should have been at least two original copies of the lease. The tenant(s) signs, the LL signs and each retains an ORIGINAL copy.
Gotcha Branson. Someone else was telling me about that. I'm just slightly confused as to how, if it is a copy, that her signature isn't on it.. but I think I get it. She made the copy before she signed it? Considering she didn't get me a copy until several months after we moved in, that would lead me to believe that she didn't sign it for quite some time. But it's what I should expect from her at this point. Thanks so much for helping me out. =)
Ask her for a copy of the original lease....without telling her why. Maybe she will give it, but it could easily that she won't since it took her so long to get one to you.
If she is writing lies to you about you, that means you better respond to the accusations in case it comes later to a court case. If you never respond to deny it, it might be seen as that you agree with her lies...
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