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Home > Law > Real Estate Law   »   valid lease

 
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Old Sep 13, 2006, 01:45 PM
bobojoe
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valid lease

We have been in a rental house for a few months now. The landlord signed a lease before he sent it to us. We made some modifications, initialed the modifications, signed the new modified version of the lease and sent it back to the landlord with the deposit. He now says that none of the modifications we added to the lease are valid because he did not resign the new version of the lease with our modifications. We say the new version of the lease and modifications are valid because he accepted the deposit with our version of the signed lease. He has also accepted rent from us for the last couple of months.


Which version of the lease is valid? The modified version actually has both signatures because he signed first before sending the lease to us? His original version only has his signature.

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Old Sep 13, 2006, 02:12 PM   #2  
RickJ
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Modifications should be initialed by both parties. Modifications you make that he does not agree to will generally not hold up.

Sorry to be the bearer of less than good news
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Old Sep 13, 2006, 02:55 PM   #3  
mr.yet
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I agree that both parties should agree with the changes and sign the lease.

The lease is a contract, and once he accept the payment that lease becomes valid. The landlord had the opportunity to reject you offer and failed to do so.

Just my opinion from review contract law. Offer made, Payment accepted.

I would look up contract law in your state.

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Dr D agrees: the amended lease would be the guiding instrument
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Old Sep 13, 2006, 06:06 PM   #4  
s_cianci
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I agree with you. The modified lease is signed by both parties and he accepted your deposit and several months' rent, so it is valid.
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Old Sep 14, 2006, 05:00 AM   #5  
ScottGem
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As Mr Yet said a lease is a contract. A contract involves one party providing a service to another for consideration. Contracts do not always have to be signed by both parties if it can be shown that that the consideration was accepted. And that's the case here. If the landlord did not accept the modifications, then he should have returned the deposit and not allowed you to move in. By accepting the deposit, allowing you to move in and accepting several months rent, he has tacitly, but legally accepted the modifications.
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