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trikieone · Feb 12, 2008, 05:29 PM

Is my lease agreement binding if I only initialed it and didn't sign it? I live in Ontario. Thank you

excon · Feb 13, 2008, 04:49 AM

Hello t:

It sure might be. What were you initialing??

excon

Fr_Chuck · Feb 13, 2008, 07:03 AM

I will agree with excon, did you intitual where you were suppose to sign/

Remember "sign" does not mean you have to have a full name that is readable. My signing looks like several humps with a cross. People of certain nationalities actually have a family or perosnal design that has nothing to do with their actual spelling of their name that they use to "sign" paper work,

If you agreed to the terms, maked it as such in some manner and acted on it. Was there money paid, verbal agreements and so on.

trikieone · Feb 13, 2008, 07:15 AM

Yes we've been here close to two years and we want out of our lease 1 and a half months early (of the two years) because they decided to sell their house and we went and found another place to live. However we had to take the place with still 1 and a half months remaining on our two year lease and they won't let us out early even though we've been the best tenants they've ever had. Guess that's what happens when you pay your rent on time and take great care of someone's property. I guess I should have been a bad tenant like so many others then I would get out of my lease no problem. Any suggestions on how I can handle this. I just can't afford both payments and don't know what to do. Thanks T

ScottGem · Feb 13, 2008, 07:15 AM

One of the mistakes people make when posting questions here is they ask what they think is the core question without giving any background. Often, by telling the full story, we can give a better answer. That's the case here.

Yes, initialling might be enough to bind you to the lease depending on other circumstances. So by telling us the full story, like have you moved in, did you pay a deposit and/or first months rent and WHY you need to know we may be able to fully assist you.

ScottGem · Feb 13, 2008, 07:20 AM

Ahh, now that makes a difference. The fact that you have occupied the premises for a time (2 years) makes the lease valid, even if only initialed.

I'm sorry you feel abused, but their selling the house was no reason for you to move. The new owner would have had to honor the lease. Did you tell the landlord you were planning to move? Did they give you permission?

It was YOUR choice to move and to move early. YOU are breaking the lease. I don't know why you think being a good tenant merits you any consideration. You become a good tenant because it's the right thing to do not so you can get any special considerations. And, in fact, you haven't been such a good tenant, since you are trying to break the lease you agreed to.

JudyKayTee · Feb 13, 2008, 07:54 AM

Originally Posted by trikieone

yes weve been here close to two years and we want out of our lease 1 and a half months early (of the two years) because they decided to sell their house and we went and found another place to live. However we had to take the place with still 1 and a half months remaining on our two year lease and they wont let us out early even though weve been the best tenants theyve ever had. guess thats what happens when you pay your rent on time and take great care of someones property. I guess i should have been a bad tenant like so many others then i would get out of my lease no problem. Any suggestions on how i can handle this. I just can't afford both payments and dont know what to do. thanks T

Got to answer you as a landlord - no, this is not what happens when "you are the best tenants they ever had, you pay your rent on time and take great care of someones property." This is what happens when you sign a contract (the lease) and then decide to back out of it. If the positions were reversed and the landlord wanted you out and you didn't want to go you'd be screaming that he/she was attempting to violate the lease.

You are not the victim here - nobody put a gun to your head and forced you to find another place to live. I will never understand why tenants think "I just can't afford both payments and don't know what to do" is a legal defense to skipping out of a contract.

And, yes, your initials are binding and take the place of a signature because you accepted and lived by the terms of the contract - until it become inconvenient.

excon · Feb 13, 2008, 08:14 AM

Hello again, t:

So, it appears that you ARE obligated. It's going to be two full months too. Not the one and half you think it is.

So the question becomes, what are you going to do about it. If you stiff the landlord, they'll sue you and they'll win. With a judgment, they can TAKE their money out of your bank and from your paycheck. Plus, after they get a judgment, you won't be able to rent again.

So, if it were me, I'd make some offer IN CASH to your present landlord, and I'd clean up the place even better than it was when I moved in. I'd offer to pay for an add on Craig's list or the newspaper. That's what I would do.

excon