[NotMarshmallow]

This is sort of a follow up to my situation, but NOT the same rental problem.

We were long time month-to-month renters (years). Our relationship with the landlords (a married couple, relatives of ours) was and remains a hostile one for some months. (This is only relevant for this question because of how I should proceed with solving my current issue.) My objective is just to live as the newly signed lease (takes affect in July 2010) states and leave properly and as soon as possible. The new lease is also a month-to-month, but this time on paper. We are trying to purchase a home and did not want to get locked into a year's lease here or elsewhere - we tried seeking other places, but could not find something that fits our needs and accommodates pets. My husband was able to work out an understanding with the male LL.

My problem arises when I spotted what could be an error on the document, and I want to make sure it is still legally binding so that we can't be booted on a technicality.

The top of the new agreement (homemade by the female LL) states that this is a lease agreement between her name only and my husband & myself. There was no place on the document for her to sign... only for my husband and myself. There were things in the lease that we would not agree with unless they were further clarified. DH went over to the home four times over a three hour period, and the female LL was not to be found, only her husband.

DH spoke with the husband (whose name is on the title to the house we are renting, as well as his wife...we checked) to clarify the issues we wanted spelled out, wrote in the clarification and had the male LL initial each item, then my husband signed the bottom in the space provided. The male LL drew a line at the bottom of the lease, signed and dated... and then he made a copy and gave my husband the original.

When I looked at it, I noticed one area that he had not initialed, and sent my DH back to get it initialed (I will not go to their home in case the wife is there as she verbally assaults me each time... another reason I want out). The man initialed it, didn't make a copy, and handed it back to my husband. I never signed the document.

Q#1
OK - my question is this... if they are BOTH owners of their rental property, are we safe if the document says it is an agreement between the female LL and us but the male LL (husband) signed it? If I had caught it, I would have crossed that part of the contract out and had him write in his name... but I didn't. Or can she throw us out or ignore any of the written in & initialed agreements? (They were things like they remain responsible for major repairs... things that are normally found in a rental agreement but were absent or vague in this one.)

Q#2
Did my absent of my signature (I wasn't going to sign prior to having the items clarified) by her random deadline constitute a contract not being void? (Edited for clarification - her original date for the lease overlapped our existing one by one month, basically forcing us to quit our current rent $ amount a month early to accept the new one. The male LL crossed that out and had it begin next month.) I do not wish to go over there - and my DH has now gone back to his shift (he's gone days at a time). I'd like to sign it, copy it and send that to them via mail... can that be OK?

[NotMarshmallow]

Anyone?

[AK lawyer]

anyone?

Sorry, but I have read your original post several times and still am having trouble being sure what you are asking.

As I understand it, a lease was signed by only one of the two owners(the husband and not the wife), and one of the tenants (your husband and not you).

Q1: The property appears to be owned in common. Therefore the LL wife is bound by what the LL husband agreed to. Furthermore, he would probably be, under the circumstances, considered her agent and she would be bound under that theory as well.

Q2: You could sign and send them a copy, but it is not likely, by doing so, that you would have proof that she actually received it. As I say, however, she is probably bound by the contract as it is.