Binding promise to sign a lease? (tenant, renters, security deposit, fee)
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I realise it’s conceivable this may vary based on local law - but is anyone familiar with a prospective tenant being held liable for any amount based on an email assurance that lease terms would be acceptable/signed, then declining to sign a lease? The landlord sent an email asking if they were prepared to commit to terms, with a lease to follow; the propspective tenant said they would be acceptable, provided that the lease was sent along shortly, and that they were no longer looking at other properties; the landlord sent the lease; the tenant then simply indicated that they had found another property. This was still a couple of months in advance of a possible move-in date. Many thanks.
Just move on. If no lease, or contract of any kind, was signed nor any money exchanged hands and there is plenty of time to find another tenant (in other words you were not damaged in any way) then you don't have a leg to stand on to fight anything.
I realise it’s conceivable this may vary based on local law - but is anyone familiar with a prospective tenant being held liable for any amount based on an email assurance that lease terms would be acceptable/signed, then declining to sign a lease? The landlord sent an email asking if they were prepared to commit to terms, with a lease to follow; the propspective tenant said they would be acceptable, provided that the lease was sent along shortly, and that they were no longer looking at other properties; the landlord sent the lease; the tenant then simply indicated that they had found another property. This was still a couple of months in advance of a possible move-in date. Many thanks.
Move on. No contract was signed and money did not change hands. You are not in any way damaged as others have said. There is literally nothing you can gain, and this is a total non starter from a legal standpoint.
I’m curious though, do you anticipate having trouble finding someone on several months notice? If so, why?
I realise it’s conceivable this may vary based on local law - but is anyone familiar with a prospective tenant being held liable for any amount based on an email assurance that lease terms would be acceptable/signed, then declining to sign a lease? The landlord sent an email asking if they were prepared to commit to terms, with a lease to follow; the propspective tenant said they would be acceptable, provided that the lease was sent along shortly, and that they were no longer looking at other properties; the landlord sent the lease; the tenant then simply indicated that they had found another property. This was still a couple of months in advance of a possible move-in date. Many thanks.
are you asking just for fun or are you asking because someone is being threatened with a lawsuit for not signing a lease?
My understanding is if you don't sing the lease it's not valid. You have the right to disagree with the terms and refuse to sign it.
I require at least $1,000 to hold a unit when an application is submitted, and the prospective tenant signs a holding fee agreement. If they do not sign a lease, they lose the holding fee ($1,000).
Without signatures, or money exchanged, there is no binding agreement.
This prospective tenant may have decided against signing the lease after reviewing the terms. I've had tenants sign a contract, see that I'm a stickler for no pets in the contract and the next day ask for me to return their holding deposit after "sleeping on it". I didn't hold onto their deposit because they alerted me as quickly as they could that the rental wouldn't work.
Another tenant sued me for not returning their holding deposit. They had signed a contract on the 10th of the month and were slated to move in on the 25th. I took a holding deposit of half month's rent and was going to apply it to their security deposit upon full execution of the contract. 25th came and they said they're not ready and didn't have the rest of the monies. I offered to hold it till the end of the month. End of the month comes, they're still not ready and then they demand their holding deposit back. I tell them I lost the opportunity to show it to other prospective tenants because I held it for them and they took me to court anyways. Come court day; judge hears their side, reads the contract and rules in my favor. He didn't even ask me to talk.
After I process the application I ask for the deposit to hold the place. Until I receive it I won't pull the ad but I usually let other prospective renters know there may be a contract in the works.
If they aren't likely to have the rent on move in day they probably wouldn't have passed my screening.
There is so much wrong information being posted in this thread. While a traditional contract was not formed based on that back and forth, courts will enforce promises under certain circumstances under the theory of promissory estoppel: https://en.wikipedia.org/wiki/Estopp...ory_estoppel_2 In order for promissory estoppel to apply, however, someone must have relied on the promise to their detriment (e.g. the landlord had someone else willing to sign the lease in a tough environment, but went with you based on your promise and now the first person has already found a rental and, as a result, the property sits vacant for the next six months despite the landlord's best effort to rent). Note, not every jurisdiction applies this principle, but it is widely accepted. Therefore, I say discuss with an attorney where you live is this is something you want to pursue.
There is so much wrong information being posted in this thread. While a traditional contract was not formed based on that back and forth, courts will enforce promises under certain circumstances under the theory of promissory estoppel: https://en.wikipedia.org/wiki/Estopp...ory_estoppel_2 In order for promissory estoppel to apply, however, someone must have relied on the promise to their detriment (e.g. the landlord had someone else willing to sign the lease in a tough environment, but went with you based on your promise and now the first person has already found a rental and, as a result, the property sits vacant for the next six months despite the landlord's best effort to rent). Note, not every jurisdiction applies this principle, but it is widely accepted. Therefore, I say discuss with an attorney where you live is this is something you want to pursue.
Not if you actually read the OP, which is what my reply was based on. The LL had 2 months before any tenant was to move in. That is more than enough time to find another tenant so therefore he was not damaged in any way monetarily. So what do you propose is worth contacting an attorney and/or suing for? Seriously.
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