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Not the original. She signed a picture of the document that she took after I asked for month to month but what I have is not signed by both and the one she has is still missing our initials on certain items.
It's executed when signed by the tenant. The drafting party does not need to sign it for it to be executed. The lease is the offer and you signing is your agreement with the offer as presented to you. Even if they made alterations after you signed it the original wording is still in effect, I get they didn't I'm just adding this. As for the initialing the lease likely has wording that explains what constitutes the full agreement so individual initials aren't needed even if the spaces are there for them.
Nome of this applies if there is wording in the lease that states that it isn't effective until all parties sign but that is rare to see.
If you fight too hard you could face fraud charges but that is rare; it is illegal to agree to something when you know full well that you have no intention of fulfilling that agreement.
The cost to talk to an attorney is pretty reasonable. Call and get a quote for 30 minute consultation with an attorney. They can guide you quickly. Probably $150 or something in that range, or even less, for a discussion. Ask the cost before you talk to them. They are used to this stuff and they know the laws in your area.
People on the internet are from all different states and they aren't going to give the the advice that an attorney will give.
I know all about these options I just want to know if her signing an image copy is binding if we have the original that were not signed until the day we asked for a month to month.
That's all I need to know. Is the lease considered executed because we were the only signatures or does it require both parties on the original?
I don't want to convince a judge, it's really not that serious. I just want to know if the document is legal, if so then that is ok.
Contact an attorney in your area, no one here can give you legal advice and it is against TOS on this site to attempt to do so.
It's executed when signed by the tenant. The drafting party does not need to sign it for it to be executed. The lease is the offer and you signing is your agreement with the offer as presented to you. Even if they made alterations after you signed it the original wording is still in effect, I get they didn't I'm just adding this. As for the initialing the lease likely has wording that explains what constitutes the full agreement so individual initials aren't needed even if the spaces are there for them.
Nome of this applies if there is wording in the lease that states that it isn't effective until all parties sign but that is rare to see.
If you fight too hard you could face fraud charges but that is rare; it is illegal to agree to something when you know full well that you have no intention of fulfilling that agreement.
That is not correct. It is executed when signed by both.
It is clear you have no idea what you are talking about
So I need a little advice and I hope someone can help in the state of CA.
So we have been renting our current home for a year. The current lease is up on 8/31, tomorrow.
Around 7/12 we contacted the landlords asking to renew our lease for another year and they agreed. On the 15th we signed the lease but there were some changes that needed to be confirmed through their homeowner insurance and our renters insurance and an issue with our dog so the landlord told us to sign and she would get back to us. She gave back the lease to us to sign some spots we missed and let us know about some changes that needed to be made. We were all set to go, just had to finish off the initials and wait for her response about some changes we needed to make.
An opportunity popped up, that was not expected, on Friday the 26th where we were accepted for a great home loan and wanted to then witch to a month to month (so we can purchase) since we still have the original lease and the landlord had not signed it.
We told our landlord yesterday afternoon that we apologize but since we are still under the old lease and this lease is still not fully executed, that we would like to go to the month to month terms of our current lease which would expire tomorrow. They are saying since we already signed it is a binding contract for the entire year but, they up to that point, had not signed it.
This morning at 1am she sends me an email with a picture of the new lease with our signatures. She must have taken a pic of it from her phone before dropping it back off to us. Even though we just told her we would like a month to month, her picture has her signature with yesterdays date. Meaning she then signed her image print out even though we asked the same day to go month to month. We still have the original lease that was not signed by her or fully completed by us.
So my question is, is this incomplete lease binding on our part even if it is not fully executed? Can she sign an image the day I asked for month to month and then lock us into this?
If we are legally locked in, that is fine but she is requesting the original and something is telling me that we are still able to go month to month until we complete this new one and give it back to her.
I just want to know what is legal and would follow any route it puts us in. Thanks, hope you can help!
Can you tell from the image print out, that it is not the document that is signed but the image?
As stated in my original post I JUST WANT TO KNOW WHAT IS LEGAL and I will follow it, regardless. This is not an attempt to get out of a lease I was just under the impression that it has not been fully executed if the original has not been signed. I am a responsible renter and have been since I was 18, I have never had any problems so although its easy to assume I'm some rotten egg trying to get out of my responsibilities, I simply am not and only want to know what is LEGAL.
A lease is a contract, contracts are legal. You signed it. It's legal. What exactly are you trying to get us to say? I think it's been said that yes, you signed a legal lease. ?
That is not correct. It is executed when signed by both.
I agree. A lease is a bilateral contract; tenants agreeing to specific terms and the landlord agreeing to specific terms which means both must sign to make it an enforceable/legally binding contract., If the tenant revoked their agreement to the lease prior to the landlord signing, (and can document they did so prior to the landlord signing), the lease was not executed at the time of termination of the agreement. However, since the landlord is taking the position that they did execute the lease, the deciding factor may be who has what tangible proof. (although the landlord may have sent a copy from the phone it may be a photo of their hard copy). I would also want to know what language is in the lease regarding the signature section.
That is not correct. It is executed when signed by both.
It is clear you have no idea what you are talking about
Such a thorough, well thought out, and detailed post how could you possibly be wrong? Since I don't care to scour the internet to post every article on the subject, and there is a lot, here is the first article I found when I googled it; you should try that before you express your opinions.
Quote:
your lease is binding the second you sign your name. The landlord has the right to decide whether to mutually agree to terminate the lease or to hold you to the terms.
It's executed when signed by the tenant. The drafting party does not need to sign it for it to be executed.
Exactly what I needed to know. Thanks!
Quote:
Originally Posted by jdm2008
Can you tell from the image print out, that it is not the document that is signed but the image?
ABSOLUTELY.
Quote:
Originally Posted by MigratingCoconut
A lease is a contract, contracts are legal. You signed it. It's legal. What exactly are you trying to get us to say? I think it's been said that yes, you signed a legal lease. ?
Good lord, I'm not trying to get anything except opinions which obviously some have expressed it is legal and some have not.
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