Ask Experts Questions for FREE Help !
Ask
    bobojoe's Avatar
    bobojoe Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 13, 2006, 02:45 PM
    Valid lease
    We have been in a rental house for a few months now. The landlord signed a lease before he sent it to us. We made some modifications, initialed the modifications, signed the new modified version of the lease and sent it back to the landlord with the deposit. He now says that none of the modifications we added to the lease are valid because he did not resign the new version of the lease with our modifications. We say the new version of the lease and modifications are valid because he accepted the deposit with our version of the signed lease. He has also accepted rent from us for the last couple of months.


    Which version of the lease is valid? The modified version actually has both signatures because he signed first before sending the lease to us? His original version only has his signature.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #2

    Sep 13, 2006, 03:12 PM
    Modifications should be initialed by both parties. Modifications you make that he does not agree to will generally not hold up.

    Sorry to be the bearer of less than good news :(
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #3

    Sep 13, 2006, 03:55 PM
    I agree that both parties should agree with the changes and sign the lease.

    The lease is a contract, and once he accept the payment that lease becomes valid. The landlord had the opportunity to reject you offer and failed to do so.

    Just my opinion from review contract law. Offer made, Payment accepted.

    I would look up contract law in your state.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #4

    Sep 13, 2006, 07:06 PM
    I agree with you. The modified lease is signed by both parties and he accepted your deposit and several months' rent, so it is valid.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Sep 14, 2006, 06:00 AM
    As Mr Yet said a lease is a contract. A contract involves one party providing a service to another for consideration. Contracts do not always have to be signed by both parties if it can be shown that that the consideration was accepted. And that's the case here. If the landlord did not accept the modifications, then he should have returned the deposit and not allowed you to move in. By accepting the deposit, allowing you to move in and accepting several months rent, he has tacitly, but legally accepted the modifications.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is the Debt valid? You must ask! [ 12 Answers ]

Posted for those who wish to use, not legal advice, just verification of debt. QUESTIONS TO ASK DEBT COLLECTOR WITH YOU DISPUTE THEIR CLAIM. Debt collector name Address state RE; Account

Old Debts are they valid? [ 1 Answers ]

A recent article listed on the link below; http://articles.moneycentral.msn.com/SavingandDebt/ManageDebt/ZombieDebtIsHardToKill.aspx Everyone needs to understand how some debt collectors will buy old debts and they will try to get those people to reaffirm them. Understand one thing,...

Is this lease valid? [ 4 Answers ]

My husband and I own a home that we rent out. My husband signed a 1 year lease (without my signature) with 4 people contingnet on there credit checks and income verification. My husband signed the lease with them on the 30th and we denied them on the 31st. They lease was to begin on the 1st. They...

Is this lease valid? [ 1 Answers ]

My husband and I both own a home which we rent out. Both our names are on the lease. Do we both need to sign the lease for it to be valid? :rolleyes:

Tenant Claims Lease Is Not Valid [ 5 Answers ]

Hello, I am managing only one property in Oklahoma County, Oklahoma for a friend of the family and today one of the tenants told me over the phone the lease is not valid because I am not a real estate professional. (1) Is this tenant's statement invalid and (2) can I have the tenants evicted for...


View more questions Search