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    ArmyWife2008's Avatar
    ArmyWife2008 Posts: 2, Reputation: 1
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    #1

    May 15, 2008, 05:20 PM
    Is this lease binding?
    My family desperately needs to get our of our 1 year lease agreement. We are renting from a couple whose home was on the market for over a year, then they decided to rent it out. We were very desperate, I'm in the Army and had to report within a week, and still hadn't found a place at my new station for my family. We signed a lease with this couple, ignorantly. By that I mean, not really paying attention to the lease. We needed a place fast.
    Basically, we got stuck handling all maintenance and repairs for their home.

    Due to unexpected expenses, we can no longer afford to stay here, let alone pay for repairs. Within 5 months these are the issues we face:

    1. Electricity doesn't work in the hallway bathroom, or my youngest son's room.

    2. Several outlets throughout the house don't work.

    3. A storm ripped part of the gutter from the back of the house, and left it dangling twisted like a spiral.

    4. This causes water to gather on the roof of the enclosed back porch, and rain leaks through the ceiling fan.

    5. The water heater doesn't completely heat the water, no matter the setting.

    I understand that we signed the lease and there's nothing we can do about this.
    However, my question lies in the signatures on the lease. This may be a reach, but we just noticed that I am the only one listed on the lease as "Tenant". No other names are present. However, my wife signed the lease, although she is not listed. Could this possibly help us? With the agreement being between myself and the landlord, and I did not sign it, is it legally binding? We're giving him 60 days notice, but he doesn't care because their house won't sell, and they're tired of paying the mortgage. We've told him we simply cannot afford it anymore. We basically can't afford to stay, but with the possible penalties, we can't afford to leave either. Our gas has been off for a week, and we are behind on several bills. It doesn't matter than I'm in the military, because my move would not be an ordered move. Although it would be 45 miles away at the nearest military housing location, it's not through a PCS order. Could me not having signed the lease help us? Or, are there any laws that can?
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    May 15, 2008, 05:25 PM
    Are you saying you signed a lease that makes you responsible for all the repairs to the property?

    If that is the case, you got to be kidding me!

    In some states, either spouse can legally sign for the other, not sure about your area.

    What really matters here is you are in the military. They are very strict regarding financial issues with service members. If this landlord, and I use the term loosely, starts calling your first sgt or commander, you are going to be in a world of hurt.

    I would suggest that you take advantage of the legal council available to you through the military. Let them look at your lease, and advise you how to proceed. This way, what ever happens can be explained to your superiors as following the instructions of the legal council.
    ArmyWife2008's Avatar
    ArmyWife2008 Posts: 2, Reputation: 1
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    #3

    May 15, 2008, 05:41 PM
    Quote Originally Posted by progunr
    Are you saying you signed a lease that makes you responsible for all the repairs to the property?

    If that is the case, you gotta be kidding me!

    In some states, either spouse can legally sign for the other, not sure about your area.
    So, we're basically screwed. Yeah, I thought so. I've been in the military 9 years, so I'm very aware of the dramatics that would occur if he contacted my chain of command. I've seen people able to get money that way, that they couldn't even get through the assistance of the law. We're paying him, even if we don't pay other bills. I never would have got the house if I ever thought we would end up in this position. Ish happens though, and sometimes you can't control it. Thanks for your answer.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 15, 2008, 06:35 PM
    Have a local real estate attorney, I would think that perhaps there could be some illegal issues in the lease depending on your state law.

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