[jeanne1956]

In the state of Virginia, if a party emails a description of an apartment with the monthly rental amount and length of the lease and a second party responds with a comment, "Sounds good. When is the apartment available?" does this consitute an enforceable lease?. particularly if there were subsequent verbal conversations (unwitnessed) to further define an agreement?

[smoothy]

In the state of Virginia, if a party emails a description of an apartment with the monthly rental amount and length of the lease and a second party responds with a comment, "Sounds good. When is the apartment available?" does this consitute an enforceable lease? ...particularly if there were subsequent verbal conversations (unwitnessed) to further define an agreement?

No... not until you sign the papers... Until the pen hits the paper no lease is in effect. In fact they don't even have to hold it open until its signed if no deposit is made.

[Fr_Chuck]

NO, papers have to be signed and money exchanged.

[jeanne1956]

I should have provided more detail. Im this case, there were subsequent verbal conversations which lead to an agreement on a monthly rent amount and a 9 month lease. (No witnesses to these conversations). I moved into the property and began paying rent. There was never a formal, written agreement mentioned or signed by either parties. Now, the owner of the property does not remember our verbal conversations and believes I owe 12 months of rent referencing the original email. A local Viriginia attorney advised that without a written lease agreement, state statute describes this situation as a month-to-month lease arrangement with a requirement to provide 30 days notice to vacate.

[jeanne1956]

No.....not until you sign the papers....Until the pen hits the paper no lease is in effect. In fact they don't even have to hold it open until its signed if no deposit is made.

I should have provided more detail. Im this case, there were subsequent verbal conversations which lead to an agreement on a monthly rent amount and a 9 month lease. (No witnesses to these conversations). I moved into the property and began paying rent. There was never a formal, written agreement mentioned or signed by either parties. Now, the owner of the property does not remember our verbal conversations and believes I owe 12 months of rent referencing the original email. A local Viriginia attorney advised that without a written lease agreement, state statute describes this situation as a month-to-month lease arrangement with a requirement to provide 30 days notice to vacate.

[AK lawyer]

I... A local Viriginia attorney advised that without a written lease agreement, state statute describes this situation as a month-to-month ...

And you are looking for a second, third, and fourth opinion?

[jeanne1956]

Your reply appears to be a bit confrontational! Yes, I am seeking multiple avenues to obtain opinions on this topic. The Virginia Residential Landlord and Tenant Act is not specific enough as it relates to the definition of a lease agreement. In addition, in my experience, the advice you get from attorneys is not always correct (someone has to graduate at the bottom of the class) and is frequently not always accurate, as most attorneys are interested in prioritizing their cases to devote time to the most lucrative and high profile. Until payment for attorney's fees is realigned with other industry methods, i.e. the current movement in the health care industry where payment for services is based upon goals achieved by the provider, no one will be able to absolutely rely on one attorney's opinion.

[smoothy]

That reply from AK Lawyer wasn't confrontational, it was a legitimate question... what was confrontational was your comment.

Way too often people go answer shopping when they don't get the answer they wanted to hear. Lawyers see it every day... WE see it numerous times every day.