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aquamarine100 · Apr 1, 2010, 07:57 AM

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 · Apr 1, 2010, 08:11 AM

Lease does not have your name as occupant? Who's name is on it?

AK lawyer · Apr 1, 2010, 09:10 AM

Originally Posted by aquamarine100

... 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 · Apr 1, 2010, 09:19 AM

Originally Posted by AK lawyer

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 · 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 · Apr 1, 2010, 09:44 AM

Originally Posted by RickJ

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 · 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 · Apr 1, 2010, 10:42 AM

Originally Posted by aquamarine100

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 · Apr 1, 2010, 11:18 AM

Originally Posted by AK lawyer

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 · Apr 1, 2010, 12:33 PM

Originally Posted by RickJ

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 · 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 · Apr 1, 2010, 01:31 PM

Originally Posted by aquamarine100

No one's name was on the lease as far as occupants are concerned.

NEVER sign something that has blank fields in it.

Originally Posted by aquamarine100

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 · 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.