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    Mystification1's Avatar
    Mystification1 Posts: 3, Reputation: 1
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    #1

    Jun 10, 2012, 10:01 AM
    Is a lease valid if not signed
    I am a homemaker and my husband works. We were approved on an apartment and our leased was supposed to be signed yesterday. While he was at work I went to the apartments to sign my part of the lease and get the keys. While I was doing the move in inspection, I noticed that none of the maintence issues we were told would be fixed had been done. My husband got off work later to discover this and other things and refused to sign the lease. He is unhappy and believes that the complex does not keep their word. Is it possible for us to get out of this lease? Would the complex be entitled to keeping the rent that we paid?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jun 10, 2012, 10:42 AM
    Quote Originally Posted by Mystification1 View Post
    I am a homemaker and my husband works. We were approved on an apartment and our leased was supposed to be signed yesterday. While he was at work I went to the apartments to sign my part of the lease and get the keys. While I was doing the move in inspection, I noticed that none of the maintence issues we were told would be fixed had been done. My husband got off work later to discover this and other things and refused to sign the lease. He is unhappy and believes that the complex does not keep their word. Is it possible for us to get out of this lease? Would the complex be entitled to keeping the rent that we paid?
    They have YOUR signature... that makes it valid and binding... they can keep what you paid... and can sue you for what you haven't paid yet until they can find a new tenent.
    Mystification1's Avatar
    Mystification1 Posts: 3, Reputation: 1
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    #3

    Jun 10, 2012, 12:06 PM
    Quote Originally Posted by smoothy View Post
    They have YOUR signature....that makes it valid and binding...they can keep what you paid...and can sue you for what you haven't paid yet until they can find a new tenent.
    What if I am only an occupant and he is the applicant?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 10, 2012, 12:11 PM
    Do you have the promised maintenance in writing?

    If he didn't sign the lease, You can tell them that the maintenance issues you had agreed to were not taken care of and this gave you no confidence in their ability to maintain the apartment. Therefore you will not be moving in. You may have to sue them to get back what you paid. But if you can prove that they did not make promised repairs, you should win.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jun 10, 2012, 01:13 PM
    Quote Originally Posted by Mystification1 View Post
    What if I am only an occupant and he is the applicant?
    That's not the case. You signed it. And, arguably, you signed it as his agent as well as in your own behalf.

    And, even if it were the case, His payment of the rent would constitute a ratification of the lease. Thus his signature would not be necessary to make it valid.
    Mystification1's Avatar
    Mystification1 Posts: 3, Reputation: 1
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    #6

    Jun 11, 2012, 03:06 PM
    Because I am only the occupant and not the lease holder, they allowed us to cancel our move in. Not everything has to end badly, but I appreciate everyone's input.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jun 11, 2012, 03:11 PM
    Bet they tighten up "the rules" from this day forward...

    I'm a landlord. Posts like this concern me.
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