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    Gisse's Avatar
    Gisse Posts: 2, Reputation: 1
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    #1

    Aug 25, 2009, 12:47 AM
    Unsigned Lease - is it a contract?
    Hello!

    I am a swedish woman who moved to California, to an apartment, which I am charing with two other persons. The woman that leases the room for me had written a long lease before I moved here where it is written that I must stay until end may. Also it is written that I should warn here 3 months in advance if I move and then I will also have to find a new tenant.

    My problem is that I dislike living here so much that I want to move now. I have not yet signed or given her the lease, signed.

    My question is if I can move right away - since the lease is not signed yet - or if I have to follow the lease? That is, have we made a legal contract, even though I havenīt signed it yet?

    Regards, Gisela
    binx44's Avatar
    binx44 Posts: 1,028, Reputation: 88
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    #2

    Aug 25, 2009, 03:35 AM

    I believe it is not a legal document until it is signed... I live in canada so it may be different but I was in the process of moving into a place... didn't like it at all with the roomates I had and asked if I could withdraw my offer to move in because the lease had not been signed yet. I was then allowed to move out with no reprocussions
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 25, 2009, 11:07 AM
    Quote Originally Posted by Gisse View Post
    My question is if I can move right away - since the lease is not signed yet - or if I have to follow the lease? That is, have we made a legal contract, even though I havenīt signed it yet?
    The document is not legally effective if you didn't sign it.

    Therefore you are in a month-to month tenancy. But you have to give the landlord written notice before you move out - generally 30 days.
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