Ask Me Help Desk - Extension of lease by email

My roommate and I emailed our landlord in DC asking for a one month extension. He agreed but did not list the price of the apartment, etc. then we both found new places that were closer to our original lease date, so we emailed and asked if we could move out on the date that was in our lease. He said no. is an email binding if we did not sign anything. My roommate was also the one that emailed so my name was not attached to the original email.

They already have your signature on the original lease you asked to extend... it wasn't a new lease that would have required a signature. So you pay the extra months rent.

If you had said nothing....all you would had to do was a 30 days notice you was leaving because you would have been month to month unless your lease had a clause to auto renew.

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My roommate and I emailed our landlord in DC asking for a one month extension. He agreed but did not list the price of the apartment, etc.

You asked for a one month extension, he agreed. Very generous of him. Listing the price was not necessary, unless the price drastically changed. You don't mention that. So, did you pay more for that one month extension?

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then we both found new places that were closer to our original lease date, so we emailed and asked if we could move out on the date that was in our lease. He said no

You can ask, but since you had already extracted an agreement to stay a month beyond your lease, from your landlord, you had a pre-existing agreement with him, and he has every right to say no to another new agreement. He doesn't have to go by your whims. You asked for the extension of a month, he allowed it, now, because your life is suddenly good and you found a new place, you expect him to swallow the money for that month he agreed to that he didn't have to? The month you asked for when you thought you needed it, but now want to dismiss because you no longer need it? Think about it. Is that fair?

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is an email binding if we did not sign anything

You expected it to be binding, right? When you asked and he said yes, you expected him to go by his word, his word by email. But now that it's no longer to your benefit you don't think it's binding? It's binding. As binding as you expected it to be when you asked for it to begin with.

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My roommate was also the one that emailed so my name was not attached to the original email.

Is your name on the lease? If so, that email spoke for both of you.

Just pay the months rent you asked for!

My roommate was also the one that emailed so my name was not attached to the original email.

An email is normally as "legal" as any other writing. And a signature attached to an email, as it evidences an intent to "sign" as well, is enforceable as well.

As an aside, I guess, in theory, even a will could be validly so signed and witnessed; as far as I know the issue has not yet arisen, but in theory could be done.

Having been both tenant and landlord in my life, all I can say is you want your cake (hang on to your apartment) and eat it too (leave if you find something better).
NO judge is going to rule in your favor.
Now the landlord is out a month's rent, at least. And is going to be bitter about how agreeable he is with future tenants.

A email is considered legal written communication.
The signature is legal on written communication if it is merely your typed or printed name, on things like email, faxes, and so on.

So yes it is legal agreement and extension that you are bound to.

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Originally Posted by bb8

My roommate and I emailed our landlord in DC asking for a one month extension. He agreed but did not list the price of the apartment, etc. then we both found new places that were closer to our original lease date, so we emailed and asked if we could move out on the date that was in our lease. He said no.

Good answers, but I'm going to approach this from a different angle.

The landlord can't prevent you from moving. So you can move out at any time you want. However, he CAN hold you responsible for the rent for the period that was agreed to. But there is a caveat here. The landlord can't double dip. So if the unit is vacant and he is able to rent it prior to the end of your contractual obligation then he can't collect rent from you and a new tenant at the same time.

You do not mention the time frames here. So we have no idea when your original lease expired or when the extension expired. I'm assuming they are close but it matters. For example if your lease was set to expire on 4/30, extended to 5/31 it is way too late to expect to move out on 4/30. On the other hand if your original expiration is 6/30 extended to 7/31, that would give the landlord time to relet the unit.

But I am somewhat appalled at your hubris. I totally agree with the comments made by Alty and Joy. You entered into an agreement with the landlord. You expected that agreement to be binding on the landlord and where happy when he agreed. Now that it is inconvenient for you, you don't want it binding anymore. You need to act more like an adult in something like this.

Bottom line is you asked for and received an extension of the lease. You are all bound by that agreement and you are responsible for the rental to the end of that agreement. With the only caveat that the landlord can't double dip.