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brookline · May 22, 2007, 05:58 AM

My daughter signed an apartment lease (in Boston) and paid the 1st month rent & security almost 30 days ago. She has not delivered the last month rent (required) to the landlord until she receives some sort of receipt, acknowledgement of this payment and lease. The landlord refuses to do this until All money is paid, then claims he does not have to deliver the lease until 30 days AFTER MOVE-IN date (August).
However, the lease states the landlord must provide a signed lease within 30 days AFTER she SIGNS the lease.
It's risky to keep giving someone money without any receipt, and moving into a place without the paperwork in hand. On the other hand, what happens 30 days after she signed the lease. Has she broken an agreement or has the landlord? Is this agreement still valid after 30 days?

ScottGem · May 22, 2007, 06:08 AM

First, did she pay cash? If not, her cancelled check or money order copy is her receipt. If she paid in cash, then she was foolish for handing over any cash without a receipt.

I would have to see the exact wording of the lease to tell whether the clause about when the signed copy is due to tell whether the landlord has the right to withhold it until all monies are paid (he might).

excon · May 22, 2007, 06:20 AM

Hello brook:

Even though she signed it, I don't believe it's in effect. In order for an agreement to be enforceable, a judge would have to rule that there was a "meeting of the minds" regarding the lease. This is clearly not the case here.

I don't know about the legality of this before and after stuff. What I DO know is, that if it were me, after I signed and delivered my copy of the lease, I wouldn't have left the room until I had a copy AND a receipt for the money I paid.

If she's moved in (and you didn't say), she's a month to month tenant.

She should write the landlord a letter, sent certified. She should do ALL her communications with the landlord in writing from now on. She should tell the landlord exactly what you said, and what I said here, followed with a demand for a written lease to be delivered in 24 hours. If she's moved in, the letter can end with a 30 day notice. If she hasn't, she can end with a demand for her money back, and a threat to sue.

excon