Ask Experts Questions for FREE Help !
Ask
    aquamarine100's Avatar
    aquamarine100 Posts: 5, Reputation: 1
    New Member
     
    #1

    Apr 1, 2010, 07:57 AM
    Is apartment lease valid without leasee's name as occupant
    Validity of lease
    I signed an apartment lease less than a week ago and no longer what to rent the property. I talked with the property manager and she had to speak with the owners about the conditions of letting me out of the lease. I gave her my deposit of 895 the day I signed the lease. I called her two days later to let her know I needed to get out of the lease. The same day she deposited the check after saying she still didn't know how much it would be to let me out of the lease. The lease states that it's a $2000 penalty if I break the lease. Well, the lease doesn't have my name as an occupant or any information about me; only my signature. Is this lease valid?
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #2

    Apr 1, 2010, 08:11 AM

    Lease does not have your name as occupant? Who's name is on it?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    Apr 1, 2010, 09:10 AM
    Quote Originally Posted by aquamarine100 View Post
    ... Well, the lease doesn't have my name as an occupant or any information about me; only my signature. Is this lease valid?
    Your signature is your name, isn't it?

    It's valid.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #4

    Apr 1, 2010, 09:19 AM
    Quote Originally Posted by AK lawyer View Post
    Your signature is your name, isn't it?

    It's valid.
    If the occupant does not sign, then it is not valid - hence the importance of confirming whose name is on the lease as the occupant.

    ... but if the asker has signed a blank lease, then he/she is probably stuck to having to comply with it's terms - presuming that the landlord only has to enter his/her name in it as the occupant.
    aquamarine100's Avatar
    aquamarine100 Posts: 5, Reputation: 1
    New Member
     
    #5

    Apr 1, 2010, 09:38 AM
    If the only information is a written application, but no proof of identy such as an ID, how is the lease valid? They have not contacted me to receive keys or to formally break the lease. If the lease is still valid, I should have received keys with the signing of the lease and the depositing of my security although I don't want to occupy the property.
    aquamarine100's Avatar
    aquamarine100 Posts: 5, Reputation: 1
    New Member
     
    #6

    Apr 1, 2010, 09:44 AM
    Quote Originally Posted by RickJ View Post
    If the occupant does not sign, then it is not valid - hence the importance of confirming whose name is on the lease as the occupant.

    ...but if the asker has signed a blank lease, then he/she is probably stuck to having to comply with it's terms - presuming that the landlord only has to enter his/her name in it as the occupant.
    Well, they have no proof of identity, income, or anything. Just an application. They made no copies of license or pay stubs. The lease has blank lines for occupant name, date of birth, and social.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #7

    Apr 1, 2010, 09:58 AM

    Aquamarine, you have not really addressed the issue. What, exactly, did you sign? Did you sign a blank lease? Did you sign a lease that names someone else as the occupant?

    Again, what exactly did you sign. We are happy to help, but cannot do so unless you give the details that matter.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #8

    Apr 1, 2010, 10:42 AM
    Quote Originally Posted by aquamarine100 View Post
    Well, they have no proof of identity, income, or anything. Just an application. They made no copies of license or pay stubs. The lease has blank lines for occupant name, date of birth, and social.
    Did you sign an application or did you sign a lease?

    Essentially what you seem to be saying is that you signed it but they didn't get all the information that you would have obtained, had you been them. In other words, "I signed it but I don't think they can prove I signed it."

    Is that what you're saying?

    If so, you are wrong.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #9

    Apr 1, 2010, 11:18 AM
    Quote Originally Posted by AK lawyer View Post
    Did you sign an application or did you sign a lease?

    Essentially what you seem to be saying is that you signed it but they didn't get all the information that you would have obtained, had you been them. In other words, "I signed it but I don't think they can prove I signed it."

    Is that what you're saying?

    If so, you are wrong.
    Right. More info is needed (as I've suggested :) ) for us to be able to give a complete/good/accurate answer.
    aquamarine100's Avatar
    aquamarine100 Posts: 5, Reputation: 1
    New Member
     
    #10

    Apr 1, 2010, 12:33 PM
    Quote Originally Posted by RickJ View Post
    Right. More info is needed (as I've suggested :) ) for us to be able to give a complete/good/accurate answer.
    I've signed leases before and I've always had to give proof of identity and income. I did sign the lease, but the information that ID'd me as the occupant and lessor, besides my signature, was missing on the lease I signed. No one's name was on the lease as far as occupants are concerned. They received an application from me. I came in a day later and signed the lease. She handwrote in the missing information as far as the length of the lease and the $2000 if lease is broken. I understand that it's a contract no matter what information they did or didn't get from me because of my john hancock. Just wanted to know if there was anything they did wrong where I could get out with no damages. It looks like not!

    I guess I've obligated myself to the terms of the lease. No problem, but I just need them to either give me the keys or ask me to pay the $2000. They haven't returned my calls.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #11

    Apr 1, 2010, 12:48 PM

    Ok. Looks like you had a valid lease and then you indicated you didn't want to follow through with the lease. I'd say they are probably entitled to keep your deposit. What does the lease say specifically about conditions of the deposit?

    You no longer want to lease the property. So why would you want the keys? Cross the $2,000 bridge when you come to it (when they ask for it, if they do).
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #12

    Apr 1, 2010, 01:31 PM
    Quote Originally Posted by aquamarine100 View Post
    No one's name was on the lease as far as occupants are concerned.
    NEVER sign something that has blank fields in it.

    Quote Originally Posted by aquamarine100 View Post
    I guess I've obligated myself to the terms of the lease. No problem, but I just need them to either give me the keys or ask me to pay the $2000. They haven't returned my calls.
    Maybe, maybe not... but that would be up to a local attorney to advise you about which, I can guess, you cannot pursue.

    Take this as a hard lesson.

    On the plus side, if you never actually took possession of the premises, you may have a case. In a best case scenario, they'll take your security deposit and rent the apt. to someone else. In the worst case they'll charge you for rent up until they are able to re-rent the apartment... and if they do that it will be up to you to fight it... but that is a different battle than the one that you have now.
    aquamarine100's Avatar
    aquamarine100 Posts: 5, Reputation: 1
    New Member
     
    #13

    Apr 1, 2010, 05:59 PM
    Maybe, maybe not... but that would be up to a local attorney to advise you about which, I can guess, you cannot pursue.

    Take this as a hard lesson.

    On the plus side, if you never actually took possession of the premises, you may have a case. In a best case scenario, they'll take your security deposit and rent the apt. to someone else. In the worst case they'll charge you for rent up until they are able to re-rent the apartment... and if they do that it will be up to you to fight it... but that is a different battle than the one that you have now.
    Well, I haven't taken possession of the property. I spoke with the manager today. The owners want me to pay the $2000 and keep my security. I was told there was another contract on the apartment. I guess the manager meant application hence the reason why they want to stick it to me. It's going to cost me $3000 to break the lease overall. That's the difference in paying the new rent vs my current rent. That being the case, I'll probably move in if they demand the $2000. I'm going to hate living there, but I might as well use the money towards rent rather than just giving it away. The manager said the owners will have a decision in the next day or two.

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!

I am listed as an occupant on an Oklahoma lease agreement, what are my rights [ 2 Answers ]

The Legal Tenant, (now my ex-boy friend) wants me to move out. Since I am on the lease only as an Occupant, I am wanting to know if there is a time limit for me to move my things out of the apartment? Does it matter that I brought a married guy friend to stay the night at the apartment?

Occupant but not on lease [ 4 Answers ]

My boyfriend lease states that its for the tenant plus 1. Now I understand I am the plus one but should we inform the management company that I am the plus one. My boyfriend thinks we should wait because he hasn't even moved in yet. My only issue is that the building has a key pad that we can't...

Not on lease occupant [ 3 Answers ]

Can I share my apartment in Texas with my fiancé? I have rented the same unit and just signed a 13 month extension. Never late with rent... no problems... fiance is a student with no jo or credit history... It's MY apartment and I pay the rent... what does it matter how many occupants there are?

PA Lease - Occupant Rights [ 9 Answers ]

(Pennsylvania): I am listed as an occupant on a 1 year apartment lease with my boyfriend listed as the lease holder. We are 4 months into this lease and I want to know if I am legally obligated to pay the remaining balance of the lease if I move out. I have a verbal agreement to pay it. ...

Occupant but not lease signor. [ 1 Answers ]

I work for a property management company in Washington DC and we have a very unusual situation. A man and wife leased an apartment from us 1 year ago, their lease expires at the end of this month, then goes automatically to a month to month. The man's name is on the lease, and his business...


View more questions Search