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I swear that I sent out the signed copy last September , and all rent checks have been paid on time
Lease term is 10/1/2021-9/30/2022, or was
The situation arose when my son qualified for a pre-school program that requires for entry a copy of our lease residential agreement to prove our address is inside the school district and we scrambled to find our lease papers.
Unfortunately we could not find our copy and then we asked landlord for a Signed copy and he determined no signed copy was in their file either , but I believe we did send our signed copy Back in September
I know for a fact I sent a signed copy. I might have accidentally disposed the duplicate copy of the agreement I was supposed to file in a safe cabinet.
Does this mean our rent contract is unenforceable and we could be evicted or otherwise see a new rent hike before the lease term
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Absent an actual written lease any litigation would be "he said she said" so yes, it's possible that you have no lease, if there was a dispute, and you could be evicted or other action with normal notice as for a month-to month lease. Will the school District accept an insurance, mobile phone or other utility bill with that address?
I'm in commercial Real Estate and we always mail two originals to the tenant for signatures, then they send back to us, we sign and send them one back.
Next time scan your copy or take photos with your phone and save it in a dedicated folder. You should also buy a safe for your physical copy and put other valuables/important documents such as passport, birth certificate, etc.
If the rent has been paid via check, the checks will serve to show that you and your landlord had some sort of agreement. What exactly, is up in the air, but no one can say that you have no agreement in place, and an eviction based on "no lease", and a rent hike before the end of the term is not going to happen. If the landlord were to file eviction ppwk with the court, doesn't he have to provide a copy of the lease there? What happens when he doesn't, and is asked by a judge, did freesponge sing a lease? Do you think he's going to lie and say no? Ok, stranger things have happened, but what happens when you show copies of the canceled checks?
Cant you just get your landlord to send another copy, signed?
Aren't there other ways to prove your address is inside the school district? If you didn't get a new DL, do you not have utility bills with your name and current address on them? Car reg? CC stmts? Moving company invoice?
Unfortunately we could not find our copy and then we asked landlord for a Signed copy and he determined no signed copy was in their file either , but I believe we did send our signed copy Back in September
Since you also said you believe, it's equally possible you signed it but never actually sending it back to the landlord.
Try using a few copies of your utility bills that show your name and that address as proof of residency for the school, They should accept that since it is just about residency and not about having an actual lease.
Contact your management and make arrangements to get together to sign a new lease, since neither one of you can find your copy.
You might look a little harder for your copy. That's not the sort of thing that most people just throw away, but it might have been misfiled.
It's possible that there might be some sort of service fee for providing a duplicate lease for you, depending upon your management company's policies.
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