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chalfmann
Nov 5, 2007, 08:45 PM
I have a Residential Lease Agreement between a father and daughter (the lessors) and me (the lessee). After only living in the property for 24 days the daughter indicated that they were putting the property on the market, and upon its sale, they would notify me that I must vacate within 30 days. After reviewing our Lease Agreement, I noticed that only the daughter signed the contract and not the father (yes, both names are on the contract). Furthermore, the daughter is not on the deed of the home and I do not believe she has power of attorney to sign for him.

I indicated that I wanted out of the lease based on the fact that we did not leagaly have an agreement because the contract was not ratified by all parties. Am I correct?

excon
Nov 6, 2007, 05:43 AM
Hello chalf:

No. Your lease is valid.

However, the sale of the house has NOTHING to do with you. The new owners are required to adhere to your lease. You're just going to get new landlords.

excon

ScottGem
Nov 6, 2007, 07:11 AM
The lease would very probably hold up in a court of law. You probably gave them some money and they gave you the keys. That creates a contract. Even though they didn't sign the lease, giving you the keys constitutes their acceptance of its terms.

As for selling the property, excon is correct, the new owners would be bound by the terms of the lease, so they cannot turn you out until the lease expires.

However, you are in the drivers seat here. If they want to sell the property to someone who will use it as their own residence, then they have to get you out. Since they can't force you out, they have to buy you out. Since you apparently want out, tell them you will start looking for a place now, if they pay your moving expenses.