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    rabarrett90's Avatar
    rabarrett90 Posts: 2, Reputation: 1
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    #1

    Nov 14, 2011, 04:32 AM
    Are initials on a contract legally binding?
    I spoke to several outside sources a paralegal, a real estate agent, and even a manager at another apartment complex. When The Contract had been made for all of us we were all currently present and we all initialed the contract, but everyone else signed the contract but me. So am I legally bound this the apartments leasing contract if so can you show me where in the tenant landlord consumer handbook that states that I am (and vice versa if I'm not legally bound to it).
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 14, 2011, 04:43 AM
    First, ANY question on law needs to include your general locale as laws vary by area. We can't show you a tenant handbook without knowing the area.

    Second, this is a matter of basic contract law. If this comes to a court battle, your intent can be shown and you can be bound by it.

    If you were all together and initialed, but you didn't sign, why not? More importantly, have you moved in?
    rabarrett90's Avatar
    rabarrett90 Posts: 2, Reputation: 1
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    #3

    Nov 14, 2011, 04:45 AM
    Oh I'm sorry I'm from California in the Riverside county. And to answer your second question yes I had my belongings in the apartment
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 14, 2011, 05:32 AM
    Once you moved in, that would be considered acceptance of the lease in a court. That coupled with your initialing the lease would make it binding.

    If you want out now, you need to negotiate with the roommates and/or the landlord.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Nov 14, 2011, 06:34 AM
    Please understand a handbook is a guideline, not rental laws. And even with laws there will then be dozens and dozens of court cases that will make up case law, on the way courts rules on issues. Rental and lease laws in California would take up entire shelf on a large book case.

    So if you can prove that you did not agree with the lease and refused to sign it for a specific reason, perhaps you have a defense. If you acted as if you had signed it, and it appears you did, you initialed it, you moved in, and I assume ( guessing) you paid rent for a while.

    But now the issue is, why did you not sign it, did you just forget or did you refuse to sign on purpsoe ?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Nov 14, 2011, 08:05 AM
    Quote Originally Posted by Fr_Chuck View Post
    ... But now the issue is, why did you not sign it, did you just forget or did you refuse to sign on purpsoe ?
    And what were those initials all about? Normally, parties to a contract initial hand-written changes. This is to signify that they all accept the changes. One's initials are simply an abbreviated form of a signature. Basically means the same thing.

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