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"This Lease Agreement becomes a binding agreement when signed by all parties and approved by the HOA."
Okay, I can see that. However, which of those should be done first or in what order? Wouldn't logic and law tell you that it would need to be approved by HOA prior to all signatures, collecting all monies due, keys provided and then allowing the OP to take possession of the property and move in? That is the whole point here. The REA and LL dropped the ball here, not the OP. Otherwise it was all done totally backwards which is still not the fault of the OP and they should not be penalized in any way for any of that and I would think any judge would agree.
And that is/was my whole point and my opinion only, because legal advice is not allowed here.
Okay, I can see that. However, which of those should be done first or in what order? Wouldn't logic and law tell you that it would need to be approved by HOA prior to all signatures, collecting all monies due, keys provided and then allowing the OP to take possession of the property and move in? That is the whole point here. The REA and LL dropped the ball here, not the OP. Otherwise it was all done totally backwards which is still not the fault of the OP and they should not be penalized in any way for any of that and I would think any judge would agree.
And that is/was my whole point and my opinion only, because legal advice is not allowed here.
I agree with you, they should have done that first but who knows what was going on at the signing. OP could have been pushy trying to get into a place and they went ahead and did it reverse. Just giving one example.
In this case if the lease does say something like what I posted (it could be done several ways that is just one example) I'd expect the lease to revert to a month to month agreement. State law would need to be followed to terminate a month to month agreement and at that point the eviction would be for the holdover.
In this situation the OP has been damaged by the LL and has a case to sue for that damage, moving costs and that type of thing. If it were me I'd demand they pay for movers and move out and if they didn't pay I'd move out then sue for those costs. I wouldn't let them take me to court and try to defend myself though which is essentially what the first third of this thread has suggested.
Okay, I can see that. However, which of those should be done first or in what order? Wouldn't logic and law tell you that it would need to be approved by HOA prior to all signatures, collecting all monies due, keys provided and then allowing the OP to take possession of the property and move in? That is the whole point here. The REA and LL dropped the ball here, not the OP. Otherwise it was all done totally backwards which is still not the fault of the OP and they should not be penalized in any way for any of that and I would think any judge would agree.
And that is/was my whole point and my opinion only, because legal advice is not allowed here.
Oh. A judge would totally agree - and as one poster pointed out, once the lease was executed in VA, it was a done deal.
I would just hate for someone to have this case hanging out there
...but who knows what was going on at the signing. OP could have been pushy
trying to get into a place and they went ahead and did it reverse.
Again.... it doesn't matter how pushy they may have been.
The party who WRITES the lease and administers the process is the LIABLE party.
Quote:
In this situation the OP has been damaged by the LL (and the agent of the LL the so called pro)
and has a case to sue for that damage, moving costs and that type of thing.
As with most threads... the first page or two of comments really does cover it.
Again.... it doesn't matter how pushy they may have been.
The party who WRITES the lease and administers the process is the LIABLE party.
Nice to see that you read the whole post and didn't just cherry pick something to make your poi...
That isn't even entirely true either but you keep repeating it for some reason; quick note I did say the LL is the responsible party but you chose to ignore that. Clerical errors, aka scrivener's errors, are a thing and in those cases the courts will rule in favor of the drafting party to make a needed correction based on the entirety of the circumstances. No matter how black and white you want to paint the world, it isn't.
Nice to see that you read the whole post and didn't just cherry pick something to make your poi...
That isn't even entirely true either but you keep repeating it for some reason; quick note I did say the LL is the responsible party but you chose to ignore that. Clerical errors, aka scrivener's errors, are a thing and in those cases the courts will rule in favor of the drafting party to make a needed correction based on the entirety of the circumstances. No matter how black and white you want to paint the world, it isn't.
Exactly. I like to ask people, if your lease said you had to cut off your left foot if you were ever one day late on the rent, do you think that would be legal?
Just because someone writes something in a lease, doesn't make it legal or binding.
"This Lease Agreement becomes a binding agreement when signed by all parties and approved by the HOA."
Unless the HOA is a signatory of the lease, I do not think they are a necessary part of "Signed sealed and delivered".
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