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-   -   Is lease binding if Tenant did not sign (https://www.askmehelpdesk.com/showthread.php?t=269436)

  • Oct 14, 2008, 05:43 PM
    Emberkali
    Is lease binding if Tenant did not sign
    The landlord didn't have me sign the lease because he did not bring a duplicate copy for my records. He was to return with additional copy to complete signing. This never happened. I now wish to move, and I pay monthly. This means I have a verbal month to month lease right? Can the landlord take me to court for the remainder of the intended term (6 months) of the lease even though I never signed it? I have been living in unit for a little over 30 days in GA. Thanks
  • Oct 14, 2008, 06:12 PM
    Fr_Chuck

    Can he take you to court, of course he can, I don't believe in GA he will have a case,
  • Oct 14, 2008, 06:15 PM
    rockinmommy

    Well, technically, no. But if it were to go to court, and you were to tell the truth, I believe it wouldn't be a slam dunk.

    The judges I typically deal with on these types of cases put quite a lot of emphasis on intent. It sounds like your intent was to lease the property for 6 months...

    Can you give us a few more details? Is there a reason you don't want to stay for the original 6 month agreement? If the landlord is doing things "wrong" I think it would strengthen your case. If you've just changed your mind I think the landlord would have a decent case. Especially if you were to tell the truth in court - which is what you're swearing to do when you raise your right hand, and swear to tell the truth, the whole truth, blah, blah, blah...
  • Oct 15, 2008, 09:08 AM
    this8384

    I don't think the landlord can do anything legally; if your signature isn't on that paper, then you're a month-to-month tenant which would mean, in most cases, you're required to give your landlord 30 days notice prior to vacating the premises.

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