Ask Me Help Desk - Indiana apartment lease not signed by tenant or landlord. Still binding ?

Is an apartment lease still binding if the tenant never signed the new lease for the year ( they have one form last year) and the landlord also did not sign it ? AND if they are suing my friend and it is dismissed, does she owe the apartment complex the attorney fees and court fees ? If they evict her ( if the unsigned 2010-2011 lease is binding) can they make her pay the rest of the so called months of the lease ? If it is not binding, can she just leave without problems or fees ? Because then would she not just be a month to month renter ? By the way, my friend received the last sheet of her lease from the landlord asking her to please sign it and return it. She still has it

My research indicates that the lease turned into a month-to-month with the same terms.

Are they evicting her, charging her, based on the expired lease or on the month-to-month "lease."

She still needs to give notice, probably 30 days - and that's 30 days before the rent is due. For example, if she wants to leave on April 1st she has to give notice BEFORE March 1st.

Is an apartment lease still binding if the tenant never signed the new lease for the year ( they have one form last year) and the landlord also did not sign it ? AND if they are suing my friend and it is dismissed, does she owe the apartment complex the attorney fees and court fees ? If they evict her ( if the unsigned 2010-2011 lease is binding) can they make her pay the rest of the so called months of the lease ? If it is not binding, can she just leave without problems or fees ? Because then would she not just be a month to month renter ?

They are charging her lease rent ( month to month is 100.00 more) they gave her an eviction notice last night with a court date for non payment. But, it was dismissed because they had already cashed the rent checks but, they are still trying to charge her for the attorney fees and the court fees AND want to evict her and make her pay lease agreement fees for breaking the lease. When she got the notice last night, via hanging on her door knob,the attached lease was the October 21, 2009 through October 21, 2010 lease agreement, signed by her. BUT, she has to resign every year because it is only valid for one year. She initialed all of the lease for 2010-2011 ( in the spaces that it has that you agree and understand the page) BUT, never signed the last page for this year. The landlord has dated it but, also did not sign it. So, if the lease was not signed, then she is month to month and would only have to abide by the month to month agreements ? And so, should she go to the landlord and tell them this or should she ask to see the signed 2010-2011 agreement ? And when they can't present one to her , then should she say that she is giving her 30 day notice ? What should her next step be ? Are there lawyers that will handle these things for free ? She cannot handle anything more added to her expenses.

Please stop posting the same question - asked and answered.

Quote:

Originally Posted by tgstansbury

they are charging her lease rent ( month to month is 100.00 more) they gave her an eviction notice last night with a court date for non payment. but, it was dismissed because they had already cashed the rent checks but, they are still trying to charge her for the attorney fees and the court fees AND want to evict her and make her pay lease agreement fees for breaking the lease. When she got the notice last night, via hanging on her door knob,the attached lease was the october 21, 2009 thru october 21, 2010 lease agreement, signed by her. BUT, she has to resign every year because it is only valid for one year. She initialed all of the lease for 2010-2011 ( in the spaces that it has that you agree and understand the page) BUT, never signed the last page for this year. The landlord has dated it but, also did not sign it. So, if the lease was not signed, then she is month to month and would only have to abide by the month to month agreements ? and so, should she go to the landlord and tell them this or should she ask to see the signed 2010-2011 agreement ? and when they can't present one to her , then should she say that she is giving her 30 day notice ? What should her next step be ? Are there lawyers that will handle these things for free ? she cannot handle anything more added to her expenses.

The initials change the entire matter. Yes, she agreed to every page - if she initialed. The fact that she forgot to sign is an argument but it's not going to hold up in Court (in my experience). I owned apartment buildings; I've seen this before. Why nobody signed it is beyond me. The landlord should pay more attention to detail. But...

If she leaves she will owe for the balance of the lease and that appears to run through October 21, 2011.

I am not aware of anyone who will handle this matter for free unless she is totally unable to pay. She can always ask the Court for a referral or list of Attorneys.

I believe it's a valid lease and she owes until it expires. She can, of course (depending on the lease) sublet or buy her way out.

If you have any other questions this is the very reason it's important to give all the circumstances the very first time.

Thank goodnes I found the comments box. Sorry about the JudyKayTee. Here was my answer toyour questions you had asked me. They are charging her lease rent ( month to month is 100.00 more) they gave her an eviction notice last night with a court date for non payment. But, it was dismissed because they had already cashed the rent checks but, they are still trying to charge her for the attorney fees and the court fees AND want to evict her and make her pay lease agreement fees for breaking the lease. When she got the notice last night, via hanging on her door knob,the attached lease was the October 21, 2009 through October 21, 2010 lease agreement, signed by her. BUT, she has to resign every year because it is only valid for one year. She initialed all of the lease for 2010-2011 ( in the spaces that it has that you agree and understand the page) BUT, never signed the last page for this year. The landlord has dated it but, also did not sign it. So, if the lease was not signed, then she is mon

Month to month ? And just needs to hold to those applicable items ?

No. She is NOT month to month. I believe that initialing the pages of the lease (and I appreciate that it wasn't signed) is tantamount to renewing the lease. The landlord dated but did not sign, right? I think you COULD make a legal argument that the lease is not binding... but I think you would lose.

Now, I'm in NY BUT I owned apartment buildings, had this same situation (but in my case the tenant was being "clever" by initialing and not signing and, my fault, I didn't notice). The tenant was found liable because the initials renewed the lease.

She owes the rent in the amount stated on the "new" lease and I believe she is bound by the terms of the lease.

Am I missing anything here? I think I covered it all.