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My girlfriend and I received a check for all of our move in funds + a security deposit after we signed a lease and provided a cashier's check for the move-in funds. No one informed of us anything.
We signed via e-mail - Returning the copy of the lease they e-mailed to us.
I'm unsure - does it matter if the landlord did not sign the lease? I don't see a signature by anyone specific other than us here.
Anyway, I'm supposed to move there in a week, and I secured this place 2 weeks ago.
Can a landlord really do this to us? I'm going to have out of pocket costs out the ass staying at a hotel in the bay area while trying to find a place to live - and will likely be forced to find a more expensive place.
I understand that a lease may not be valid in California if not signed by the lessor - However, we signed the lease, they provided a contract clearly stating an agreement between them and us, and happily confirmed acceptance of our contract and move-in funds. Do we not have a legally binding agreement?
So, they don't even have to notify us that are contract is no longer valid? It's been over 2 weeks..... we even paid a holding deposit and signed a holding deposit agreement....
Why would a place do something like this? It's completely screwed us and put us homeless in the bay area.
Is a confirmation of receiving our materials and of our move in date mean nothing without a signature? It doesn't seem like it should be legal to agree verbally, agree on a holding deposit in writing, agree on signing the lease via e-mail via their method so we could do it remotely, and confirm acceptance, and then say "well, once you gave it back to us, we didn't sign it", then not INFORM US OF ANYTHING. Despite acting like renting the place to us (residential manager even e-mailed us confirming when to pick up keys).
Is it not reasonable to assume the landlord signed the lease by their actions, speaking clearly of intent to rent to us?? Even if the lease is out the window, what about damages on promissory estoppel? Surely other legal remedies are available?
I guess what I'm saying : Are there legal remedies? Not a valid lease? Fine, I accept that, despite disagreeing with it when they act in such a way. Fine, no specific performance.
However, certainly it is reasonable for me to expect and to continue on with the agreement as verbally discussed and agreed upon over the last two weeks that I will be able to lease the apartment. If they fail to communicate that and not honor their agreements, a remedy for promissory estoppel must exist?
When you called them/or went to see them, what did they say? Its odd that they accepted everything from you and then returned it all......is there something in your credit/background that could bar you from renting from them?
My girlfriend and I received a check for all of our move in funds + a security deposit after we signed a lease and provided a cashier's check for the move-in funds. No one informed of us anything.
We signed via e-mail - Returning the copy of the lease they e-mailed to us.
I'm unsure - does it matter if the landlord did not sign the lease? I don't see a signature by anyone specific other than us here.
Anyway, I'm supposed to move there in a week, and I secured this place 2 weeks ago.
Can a landlord really do this to us? I'm going to have out of pocket costs out the ass staying at a hotel in the bay area while trying to find a place to live - and will likely be forced to find a more expensive place.
I understand that a lease may not be valid in California if not signed by the lessor - However, we signed the lease, they provided a contract clearly stating an agreement between them and us, and happily confirmed acceptance of our contract and move-in funds. Do we not have a legally binding agreement?
The poster above is incorrect(renzz). You paid the money, and you signed the lease. If you paid first months rent, then the landlord has an obligation to you for at least one month.
The rest is murkier. But bottom line is you are not going to be moving in to this place and you are going to have to go to court for damages.
I suggest you seek legal counsel. The lease is not enforceable without the signature of all parties but given all the communication between you and the LL you do have a commitment of one month. However, whether or not this is worth pursuing is debatable since so far you have no real damages to claim and the LL has returned all your money. Speak to an attorney. Good luck.
We just had a signed lease from a tenant but than the owners didn't approve them. The reason we had the tenants sign is that the HOA needed to approve the tenants and the HOA needs a signed lease to approve the tenants.
We informed the HOA that we can't have an executed lease and than the HOA denying the tenants since that is can become a legal issue so we only had one party sign which is not a binding contract. It takes both parties to sign to make it binding.
It is not a verbal agreement if there is a lease agreement in writing involved.
You have no rights if the other party didn't sign and returned your money...something caused them to deny you. It may not be you but could be cold (LL) feet.
OP, your lease is valid. The LL broke the lease. So, after you find your next place, figure out what the breach cost you, and send a bill to this LL with a deadline. If he doesn't pay up, then sue him in small claims court.
E-signatures are very valid, according to this law:
Couple that with the fact that the manager emailed you you could pick up the keys, etc., etc., it will be very easy for you to show that you did in fact have a contract. And the landlord breached it, which cost you money - damages.
You absolutely have a right to collect your out of pocket costs that are the direct result of this guy breaking his contract with you.
BTW, a resident manager is the owner's "agent," and whatever the agent/manager does is the same as if the owner did it. An agent can act on the owner's behalf, and basically wears the shoes of the owner, as far as being able to create contracts, etc., etc. So, the fact that they contracted with you via email, and accepted your money, and especially since the manager told you you could pick up the keys, all point to a very valid contract.
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