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    vegetalover168's Avatar
    vegetalover168 Posts: 2, Reputation: 1
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    #1

    Apr 6, 2012, 08:15 PM
    Is a lease legally binding if only the tenants have signed?
    I have signed a lease with two others, but because of difficulties finding 3 more roommates we are thinking of finding a new place. I currently have the only copy of the lease, and the landlord hasn't signed it. Is it legally binding?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 7, 2012, 04:55 AM
    Have you moved in yet? Has money changed hands?

    ANY question on law needs to include your general locale as laws vary by area.
    vegetalover168's Avatar
    vegetalover168 Posts: 2, Reputation: 1
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    #3

    Apr 7, 2012, 06:10 AM
    I have been living here for a year already, but more people are moving in. We have given cheques for first and last, or in my case next years rent but they are all post dated for May 1st.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Apr 7, 2012, 06:28 AM
    So your landlord doesn't have a signed copy of the lease? If you give him 30-days notice, claiming it's a tenancy at will, he probably won't object if you move out at the end of that time. When would the lease expire?

    If he does take you to court claiming you breached the lease, he would have to prove that you agreed to it's terms. Depending on which state you are in, this might be proven by the fact that you moved in. Does he have any evidence that you signed the lease?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 7, 2012, 06:46 AM
    Once you moved in the lease became valid. You might be able to get out based on being a month to month tenant like AK suggested, but if the landlord can prove you received a copy of the lease and the fact that you have lived there for a year make it valid.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #6

    Apr 7, 2012, 08:51 AM
    Quote Originally Posted by ScottGem View Post
    Once you moved in the lease became valid. You might be able to get out based on being a month to month tenant like AK suggested, but if the landlord can prove you received a copy of the lease and the fact that you have lived there for a year make it valid.
    This is not always true. When a judge wants to give a judgment to the landlord they will decide that an agreement for a one year term was created by moving in. But if a judge decides to go the other way he can decide that without a signed lease there is no agreement. Something like this depends on the judge.
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