View Full Version : Is this lease valid?
DebbieSSimonetti
Aug 10, 2006, 08:29 AM
My husband and I own a home that we rent out. My husband signed a 1 year lease (without my signature) with 4 people contingnet on there credit checks and income verification. My husband signed the lease with them on the 30th and we denied them on the 31st. They lease was to begin on the 1st. They did send the necessary documents and we denied there application to lease our home and returned there check the following day. They are currently living in the hoime since one of the 4 people was living there previously and we were unaware that she had allowed them to move in. :rolleyes: :confused: :mad:
RickJ
Aug 10, 2006, 08:40 AM
Sorry to be the bearer of bad news, but unfortunately, now that they are in there, they are the residents. An eviction for "unauthorized occupants" probably won't fly as they're in possession of the new lease.
From here you just watch them like a hawk - and evict them if they violate any terms of the lease.
ScottGem
Aug 10, 2006, 08:42 AM
If the new lease was contingent and the check returned, then whatever lease existed between you and the original tenant is still in effect. It that lease expired, then its currently on a month to month basis.
Now the question is whether that lease permitted her to have roomates. If it did then there is no violation of the original lease and they would be able to stay.
Of course you could terminate the lease as long as that is allowed within the terms. At which point you would then give whatever notice is proscribed by the lease.
Cvillecpm
Aug 10, 2006, 11:01 AM
Congratulations - you have new tenants!! Contingent or not, no one is going to get the residents OUT without your going through trouble of evicting them.
What you SHOULD have done was have your CURRENT resident submit the 3 NEW applications; then YOU approve the applications and give your tenant your NEW WRITTEN LEASE for her to have signed.
You need to look to woman/tenant for payment of rent and advise her IN WRITING that the additional occupants she has in the house are not approved as residents and that the duties and responsibilities of the original lease fall solely to her.
NEVER provide a lease contingent upon running credit - run credit FIRST and then prepare the lease.
Fr_Chuck
Aug 10, 2006, 04:16 PM
Hello, first don't ever sign any lease until you are ready to lease,
Get an application to lease, get credit check info, and get your deposit and your fee to do the background check and then do your checks,
After you are ready to rent, sign your lease then, or have them sign the lease with the application and then you sign them when they pay the first months rent.
And never allow them to move in until it is all approved.
Now that they are in the house, you will have to give them notice to move out and evict them.