If the landlord does not sign the lease is it a binding contract?

robc68fb · Oct 1, 2008, 01:22 PM

I'm no lawyer, but if I would tend to think if it his standard lease he gives to his tennants to sign & you signed it, I would say you might have a problem. I might be wrong though. It may depend on the laws in your state too.
I'd definitely check with an attorney, or at least try & look up your state laws pertaining to tenant rights. You should be able to find them online. Sometimes you may have to "weed through" a bunch of other stuff to get to what you are looking for. Good luck to you.

LILL · Oct 1, 2008, 01:37 PM

While the landlord most likely has a fully executed copy of the lease, it would not really have any change in your defense. Without a lease, you would be considered a month to month tenant...in default, since you failed to pay rent.

LisaB4657 · Oct 1, 2008, 01:37 PM

If the landlord did not sign the lease then it is not a binding contract.

BUT...if the landlord has a copy that you signed, all the landlord has to do is sign that copy. As long as he can produce one fully signed copy then there is a binding contract.

Fr_Chuck · Oct 1, 2008, 04:51 PM

The issue is if you are in default for non payment, without a lease you are still on a month to month rental, and still owe the money, and can still be sued.

You need to prove you don't owe the money, you already paid the money or something to disprove the claim

zeedeezee · May 21, 2012, 04:10 AM

i have an interesting twist on this. i signed a 2 year lease for a fully furnished apt and paid a deposit. i don't know if the landlord signed his copy yet but when i found that the previous tenant had done much of the furnishing and was taking it with him i was just told that i could pull out if i wanted or stay with the terms of the contract. i think that there is a contract in force as there was offer and acceptance and consideration paid. the landlord has to furnish it properly. i was also told that i had 4 hours to make up my mind. the lease is not due to start for 2 months. i think i can sit on it for a while and not be pushed around.

AK lawyer · May 21, 2012, 05:13 AM

Quote:

Originally Posted by zeedeezee

i have an interesting twist on this. i signed a 2 year lease for a fully furnished apt and paid a deposit. i don't know if the landlord signed his copy yet but when i found that the previous tenant had done much of the furnishing and was taking it with him i was just told that i could pull out if i wanted or stay with the terms of the contract. i think that there is a contract in force as there was offer and acceptance and consideration paid. the landlord has to furnish it properly. i was also told that i had 4 hours to make up my mind. the lease is not due to start for 2 months. i think i can sit on it for a while and not be pushed around.

You were told correctly. It is an executory contract. The landlord has until the begining of the lease to furnish the unit. But, on the other hand, without signing it, the LL can notify you at any time that the deal's off.

Dodondawa · Jan 17, 2013, 08:44 AM

Hi there,
My landlord has refused to repair heaters in the house, despite repeated requests. Is this enough reason for me to seek for termination of my contract? how long is the notice period I need to give them

If the landlord does not sign the lease is it a binding contract?

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