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-   -   Another question about that unsigned lease (https://www.askmehelpdesk.com/showthread.php?t=57729)

  • Jan 26, 2007, 05:29 PM
    froggy7
    Another question about that unsigned lease
    Brief summary:

    Did a 6-month rental starting on 11/29/06. Am in the process of buying a house. Landlord still hasn't given me a signed copy of the lease, after asking for it repeatedly.

    And today, I come home to find a note on my door saying my lease expires April 30, they've loved having me as a tenant, if I want to renew this is what they can do, if I'm moving I have to give 60 days written notice. The standard letter that landlords do so that the tenant can't complain that they didn't remember the lease was ending.

    Except, the lease actually expires on June 4. I remember being a little upset that they wanted to add extra days so that it would expire on a Monday, to make their processing easier.

    If I write them back a nice letter saying I've liked living here, but because I am buying a house, I will not be renewing after April 30, can they hold me to the date in the lease? Or would this be considered a written amendment to the lease, since they put it in a letter to me? April 30th would work well for me.
  • Jan 26, 2007, 05:50 PM
    RubyPitbull
    Send them a letter with what your intentions are, via certified mail. Attach the receipts to the copy of your letter and their letter, and keep it all in a safe place. BTW, I would mention in the letter that you still haven't received your signed copy of the lease and you are assuming that, based upon their letter dated (whatever it is) that the new lease ending date is April 30, 2007. (Then state), although I do enjoy living here, this will work out quite well for me since,.

    I hope this was helpful to you.

    Best,.
  • Feb 3, 2007, 10:25 AM
    landlord advocate
    Quote:

    Originally Posted by froggy7
    Brief summary:

    Did a 6-month rental starting on 11/29/06. Am in the process of buying a house. Landlord still hasn't given me a signed copy of the lease, after asking for it repeatedly.

    And today, I come home to find a note on my door saying my lease expires April 30, they've loved having me as a tenant, if I want to renew this is what they can do, if I'm moving I have to give 60 days written notice. The standard letter that landlords do so that the tenant can't complain that they didn't remember the lease was ending.

    Except, the lease actually expires on June 4. I remember being a little upset that they wanted to add in extra days so that it would expire on a Monday, to make their processing easier.

    If I write them back a nice letter saying I've liked living here, but because I am buying a house, I will not be renewing after April 30, can they hold me to the date in the lease? Or would this be considered a written ammendment to the lease, since they put it in a letter to me? April 30th would work well for me.

    I agree with Ruby. Except that I would send the letter Certified, Return Receipt Request , so that you have proof of the date that you sent it and a signature that they received it. My questions is: Was the letter signed by the owner/landlord of the property or was it a typed form letter with no signature? Do you still have the envelope? If so, be sure to keep it. It has the all important postage date on it. This would be considered an amendment to the lease agreement. As long as both parties agree to the amendment, then it should stand up in court.
  • Feb 3, 2007, 10:28 AM
    RubyPitbull
    All very good points L.A.

    Re: certified. I always forget to tell people to check the return receipt requested box and fill in the info. I assume they understand that but I know I shouldn't assume anything here. :)

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