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Old 12-01-2013, 04:03 PM
 
Location: NYC
3,065 posts, read 5,213,324 times
Reputation: 2971

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Have a quick question....

My landlord agreed (through e-mail, so it's all in writing) to let me out of my lease three months early. Had a family issue pop up and also, there have been way too many issues here and she knows I haven't been happy. I told her to keep the security and she was fine with it.

Should I make her sign off on something that she agreed to let me out of the lease, etc. (I was told there is a Surrender of Lease form), or should the e-mails be sufficient?

Just want to cover all my bases before I leave...
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Old 12-01-2013, 05:18 PM
 
Location: The Triad (NC)
33,147 posts, read 77,704,687 times
Reputation: 41510
Quote:
Originally Posted by jen5276 View Post
My landlord agreed (through e-mail, so it's all in writing)...
No... it isn't.

Quote:
Should I make her sign off on something...
Actually getting that email exchange on actual paper
(with real ink with an actual written date and signature) should be enough.

Quote:
Just want to cover all my bases before I leave...
Write her a confirmation memo. Ask her to sign it and return.

Dear Joan,
As per our recent conversation and email exchange, my understanding is X, Y and Z...
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Old 12-01-2013, 05:56 PM
 
Location: Tampa (by way of Omaha)
14,380 posts, read 21,957,410 times
Reputation: 9983
Quote:
Originally Posted by MrRational View Post
No... it isn't.
Actually, e-mails are considered as "writing" by courts, provided the authenticity of such can be established. Never a bad idea to have it in a physical form though.
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Old 12-01-2013, 06:24 PM
 
Location: Riverside Ca
22,148 posts, read 30,379,348 times
Reputation: 35380
Get her to sign a simple letter stating your conversation and she is unconditionally releasing you from the lease agreement signed on bla date at address bla
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Old 12-01-2013, 07:13 PM
 
Location: Clermont Fl
1,715 posts, read 4,605,106 times
Reputation: 1244
I buy houses through just an email so I think you will be fine
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Old 12-01-2013, 07:15 PM
 
Location: The Triad (NC)
33,147 posts, read 77,704,687 times
Reputation: 41510
Quote:
Originally Posted by Bosco55David View Post
Actually, e-mails are considered as "writing" by courts, provided the authenticity of such can be established.
Are you saying that you'll volunteer to do that work for any who might need such?
To the satisfaction of any podunk and often part time low level magistrate court judge?
And of course do so in a timely manner?

If not...
Quote:
Never a bad idea to have it in a physical form though.
It's the gold standard. But to even mention what else might work in exceptional circumstances
really misses the whole point of a "help the uninformed" forum like this.

In most instances the verbal understanding by responsible people is enough.
The problem, the issue, is about taking reasonable means to protect your interests.
Do so.
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Old 12-01-2013, 08:03 PM
 
Location: NYC
3,065 posts, read 5,213,324 times
Reputation: 2971
thanks guys. Will draft up a simple letter for her to sign...
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Old 12-01-2013, 08:20 PM
 
27,096 posts, read 44,749,523 times
Reputation: 15469
Quote:
Originally Posted by jen5276 View Post
Have a quick question....

My landlord agreed (through e-mail, so it's all in writing) to let me out of my lease three months early. Had a family issue pop up and also, there have been way too many issues here and she knows I haven't been happy. I told her to keep the security and she was fine with it.

Should I make her sign off on something that she agreed to let me out of the lease, etc. (I was told there is a Surrender of Lease form), or should the e-mails be sufficient?

Just want to cover all my bases before I leave...
"Well, from my own experience, I lived in an apartment for over eight years. Had a good relationship with the landlord (or so I thought).

One day, out of the blue, she calls me and says that she needs the apartment for her husband and that they are divorcing, she kicked him out, etc. This was in Staten Island a month after Sandy. There were no apartments.

She was threatening to serve me with a 30 day notice, etc. Now I was able to find an apartment quickly, but what if I couldn't? Here I was, a great tenant, and she was basically throwing me out on my butt.

So I would have ended up having to go to court, etc., due to no fault of my own.

Some crappy landlords put tenants in these situations, and it's not always their fault. I have become VERY wary of all landlords."

Mod Cut

LL beware of tenants who blame a LL when they gave proper notice and than feel like the LL did them wrong...now you have to break your lease.

Well in the end I hope you will do better else where and that family issue will be solved.

An email is only good if the email address has the name of the owner in the address otherwise it will be hard to proof who that email came from.

Even for MLS purposes realtors with Mid Florida MLS can't take any changes in listings any longer by email unless the email has a wet signature in or on it. Which means an attachment with a signed letter is ok.

Usually judges will grant emails as proof but it has to show that both sides have received the email/confirmed. You can't just send an email and take it that the other party received it since we all had emails that never reached the person we meant it to go to....technical issues, typo in email address, etc.

Last edited by Ultrarunner; 12-02-2013 at 06:19 PM..
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Old 12-02-2013, 06:48 AM
 
10,748 posts, read 24,562,979 times
Reputation: 15979
I don't understand why tenants have no problem putting their notice to vacate, but a landlord does it it's the end of the friggin world.

Last edited by Ultrarunner; 12-02-2013 at 10:14 PM..
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Old 12-02-2013, 08:18 AM
 
Location: NYC
3,065 posts, read 5,213,324 times
Reputation: 2971
Quote:
Originally Posted by bentlebee View Post
"Well, from my own experience, I lived in an apartment for over eight years. Had a good relationship with the landlord (or so I thought).

One day, out of the blue, she calls me and says that she needs the apartment for her husband and that they are divorcing, she kicked him out, etc. This was in Staten Island a month after Sandy. There were no apartments.

She was threatening to serve me with a 30 day notice, etc. Now I was able to find an apartment quickly, but what if I couldn't? Here I was, a great tenant, and she was basically throwing me out on my butt.

So I would have ended up having to go to court, etc., due to no fault of my own.

Some crappy landlords put tenants in these situations, and it's not always their fault. I have become VERY wary of all landlords."

Well, well, well....Here is Jen5276 again....and it seems you have more issues with places you lived as you wanted to disclose at first....I start to see a track record/pattern of your rental history.

LL beware of tenants who blame a LL when they gave proper notice and than feel like the LL did them wrong...now you have to break your lease.

Well in the end I hope you will do better else where and that family issue will be solved.

An email is only good if the email address has the name of the owner in the address otherwise it will be hard to proof who that email came from.

Even for MLS purposes realtors with Mid Florida MLS can't take any changes in listings any longer by email unless the email has a wet signature in or on it. Which means an attachment with a signed letter is ok.

Usually judges will grant emails as proof but it has to show that both sides have received the email/confirmed. You can't just send an email and take it that the other party received it since we all had emails that never reached the person we meant it to go to....technical issues, typo in email address, etc.
Thanks for the advice....I am sorry about my snippy response in the other thread. I am usually not like that, under a lot of stress from different things. So I hope you accept my apology.

I actually don't have issues with places I live, the place that I was asked to leave (my last apartment) I lived in over eight years. She was only asking me to leave because of her divorce. From what I know, the husband is still living in the apartment. I guess I have a lot of pent up anger towards her, for doing that to us at such an awful time, and in a nasty way, especially since I thought we were friends. Oh well, live and learn.

This current place I am only in because I had to take something quickly last year (after being kicked out of my apartment) and it was one of the few places available after Hurricane Sandy....I thought I would like it but there have been too many issues. Constant noise, washer backing up three times due to faulty pipes), ant infestation, leaky windows....etc.
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