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    tracined's Avatar
    tracined Posts: 9, Reputation: 1
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    #1

    Feb 4, 2009, 03:35 PM
    Can a landlord withhold a signed lease agreement due to disagreement with neighbors?
    We received a signed lease agreement for one year for the following time period: 04/09/2008 to 04/09/2009). This was offered to us after we had completed the six month lease we signed upon moving in. We signed it also but held on to it as the landlord stated she would be out of the country for a couple of months and we had some questions about the lease. During the time she was out of country, we had a disagreement with our neighbors who shared the duplex with us. They were questioning my 12 year old Son about our personal family life and friends which made him uncomfortable. I still handled it tactfully by sending them "Thank you" note for being good neighbors, but told them that I did not want the good relationship they developed with my son to be hurt because their questions made him uncomfortable. And that if they had any questions, to feel free to approach me and I'd gladly answer anything they'd like to know. I never heard back from them. They just became distant. Then I received an e-mail from my landlord asking me to remember to be kind and courteous to our neighbors, tenants and people she contracted to work for her! I was confused and amazed... I had no idea what she was talking about. So I called her. She said that said tenants complained that I was causing trouble! I couldn't believe they went running to her instead of communicating with me.
    I went next door to talk to them about it, and was met by the young lady of the house who proceeded to yell and scream at me using foul language! I immediately heard from the landlord who said she was driving down from Oregon to "mediate" the matter. That was ludicrous to me! I told her it wasn't necessary, that if they did not want to get along, no problem! It made no difference to me if we ever spoke to each other. I know how to be civil! I am 48 yrs old and they are 19 and 20. But she came anyway. And during her "mediation", which consisted of her speaking to both parties separately, which is not mediation in my book, told me that she would not honor the year lease she had sent us, but would keep us on a month to month until she saw how we "got along"! As though it was all my fault!

    Is this not breach of contract? Isn't this an inappropriate reason to not honor a signed lease? The neighbors and my family worked thorough it and became good neighbors, yet she still did not honor our lease, and unexpectedly served us with a 60 notice to vacate (at Christmas!), which was four months before the lease would have ended.
    Do I have grounds for a lawsuit?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Feb 5, 2009, 06:10 AM
    Hello t:

    I didn't read the "story" part. It doesn't matter. If you have a signed lease agreement, then the landlord can't change their mind. The written agreement is binding...

    Now, I wouldn't argue with your landlord over it. Just pay your rent as though you are under the lease. It will only become an issue if they decide to give you notice or raise your rent. If that happens, you take your signed lease to court, and make the landlord adhere to it, like they would you, if the shoe were on the other foot.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 5, 2009, 07:37 AM

    Ok, did the landlord sign it, unless both parties signed, it is not yet valid,
    They sent you a lease to sign, and you should have of course retrned it at once, but held on to it, ( questioned it ) so how long did you wait to sign it,

    They can withdraw a offer before it has been fully accepted, so if you mailed it to them and the post mark is latter than the date of refusal.
    As soon as you questioned the lease and did not sign it at once you may have caused a gap in the offer acceptace.

    Next of course if the landlord has not signed it, it is not valid at this time

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