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A lease amendment is a lease amendment. An email communication of policy, whether the information contained therein is correct or not, does not override the terms of a written lease without an ensuant legally executed amendment. My opinion. As is my opinion that the generalization, "emails are assumed to be signed" is also legally incorrect in many cases.
Yes, we disagree. A written legal document can be created with emails. Including an amendment.
In fact, faxes work, too.
You've made the same assertion before but you're not a lawyer and neither am I, just lay people with differing opinions. This is not something you run to court with without first checking with legal counsel.
I work for a lawyer, although I am only a lowly paralegal, and e-mails are considered written communications and are held up by the court. My boss has won motions with only e-mail correspondence as proof.
However, if a document requires an original signature, that is another story. Generally, something like breaking a lease, if you want to get really formal, (I asked one of the lawyers I work with), can be memorialized by executing a "Surrender of Lease". But in a lot of cases, that is not necessary. Generally, the consent of the two parties (landlord/tenant) in writing is enough.
It doesn't have to be the same person who signed the original lease. Just needs to be someone with the authority to create an addendum.
And there was no addendum executed, however you want to spin it. Lease terms cannot be changed without the written consent of both parties and an email communication erroneously giving information on a clause which didn't even exist in the original lease is not legally sustainable.
In Illinois, the court will accept email communications as a legally binding agreement and/or addendum.
But, like every document, it still must meet Illinois civil procedures as to if it is in fact an agreement or addendum. Based solely on what the OP stated, the courts will not consider that communications a legally binding agreement or addendum as it fails to meet the basic standards.
It really doesn't matter if written, verbal, email, billboard or any other means of communications; if it fails to meet the basic standards requirements of what constitutes an accepted agreement, it's not valid under the law. In this case, its not so much what they said, but what they didn't say that doomed it.
And there was no addendum executed, however you want to spin it. Lease terms cannot be changed without the written consent of both parties and an email communication erroneously giving information on a clause which didn't even exist in the original lease is not legally sustainable.
Quote:
Originally Posted by Rabrrita
In Illinois, the court will accept email communications as a legally binding agreement and/or addendum.
But, like every document, it still must meet Illinois civil procedures as to if it is in fact an agreement or addendum. Based solely on what the OP stated, the courts will not consider that communications a legally binding agreement or addendum as it fails to meet the basic standards.
It really doesn't matter if written, verbal, email, billboard or any other means of communications; if it fails to meet the basic standards requirements of what constitutes an accepted agreement, it's not valid under the law. In this case, its not so much what they said, but what they didn't say that doomed it.
Wrong.
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