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Please tell me if I have the legal right to leave. What is my best
option on this? And how to get my deposit back.
Before signing a lease with my landlord, I told him that I may leave
in the middle of the 1 year term. and I only sign and agree to the
term and condition of the lease if he let me do that. He agree with
me that I can stop the lease with 60 days advance in written notice.
I signed the lease and the addendum (about 60 days notice to break the
lease). Then gave him the lease and the addendum about May 1st this
year. The landlord did not give me a copy of the lease and the
addendum until Friday July 4th (holiday). I have to move out. So I
called him on July 5th and told him that I will move out on August
31st (26 + 31 = 57 days). He told me that it's kind of late because
it's not 60 days. I said he did not give me the lease until July 4th.
The guy does not want to talk to me over the phone, and ask me to
make appointment with him. I have to go to work. So I ask him to
write to me. He did not reponse although I told his secretary that I
need his reponse. On July 11 (or couple days earlier than that), I
wrote to him, and restate the situation. And also say if he insist
over the 60 days advanced notice, we can talk over that. He still
does not reponse and saying he's still reviewing the lease.
On the lease, it says no addendum is accepted unless both parties sign
the lease. On the copy of the addendum the landlord gave me, only my
signature is there, but not his. I signed and dated, but he did not.
Also, I signed and dated the lease, but he did not sign it by hand.
He typed (using computer or typerwriter) his name on it and did not
date it. Verbally, I only agree to the lease if the addendum was part
of the lease. Does this void the lease? By not signing the lease by
hand and not date it, does the landlord void the lease?
At the bottom of the lease, it says: The lease agreement is not
enforceable if reproduced by mimeograph, photocopied or reproduced by
any other means before you sign this lease agreement.
The copy I have is a photograph copy. I signed it, but the landlord
did not (other than the typerwriter printed name). The word "you"
above imply the tenant or the landlord or both or either? Would the
lease be voided because he did not sign it before photocopy it and
gave it to me?
The addendum says I have to notify him 60 days in advance. Can I move
out on September 5 legally (and pay for that 5 days)? (He said I can
not pay a fraction of the month, but the lease or the addendum does
not say that).
I told the landlord on the 5th of July, but actually write to him on
the 11th. Would that make the notice said in the addendum take effect
on the 11th instead? What I try to say is that does the phone call
count for the time, or it must be the time of the written notice that
counts?
If you think that I have to adhere to the 60 days rule, then could I
write a nother letter to the landlord, and change it so I can move out
on the 5th of september or something like that?
Thank you very much for taking time reading this. I try to explain
everything so you have an acrurate picture of the whole situation.
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Please tell me if I have the legal right to leave. What is my best
option on this? And how to get my deposit back.
Before signing a lease with my landlord, I told him that I may leave
in the middle of the 1 year term. and I only sign and agree to the
term and condition of the lease if he let me do that. He agree with
me that I can stop the lease with 60 days advance in written notice.
I signed the lease and the addendum (about 60 days notice to break the
lease). Then gave him the lease and the addendum about May 1st this
year. The landlord did not give me a copy of the lease and the
addendum until Friday July 4th (holiday). I have to move out. So I
called him on July 5th and told him that I will move out on August
31st (26 + 31 = 57 days). He told me that it's kind of late because
it's not 60 days. I said he did not give me the lease until July 4th.
The guy does not want to talk to me over the phone, and ask me to
make appointment with him. I have to go to work. So I ask him to
write to me. He did not reponse although I told his secretary that I
need his reponse. On July 11 (or couple days earlier than that), I
wrote to him, and restate the situation. And also say if he insist
over the 60 days advanced notice, we can talk over that. He still
does not reponse and saying he's still reviewing the lease.
On the lease, it says no addendum is accepted unless both parties sign
the lease. On the copy of the addendum the landlord gave me, only my
signature is there, but not his. I signed and dated, but he did not.
Also, I signed and dated the lease, but he did not sign it by hand.
He typed (using computer or typerwriter) his name on it and did not
date it. Verbally, I only agree to the lease if the addendum was part
of the lease. Does this void the lease? By not signing the lease by
hand and not date it, does the landlord void the lease?
At the bottom of the lease, it says: The lease agreement is not
enforceable if reproduced by mimeograph, photocopied or reproduced by
any other means before you sign this lease agreement.
The copy I have is a photograph copy. I signed it, but the landlord
did not (other than the typerwriter printed name). The word "you"
above imply the tenant or the landlord or both or either? Would the
lease be voided because he did not sign it before photocopy it and
gave it to me?
The addendum says I have to notify him 60 days in advance. Can I move
out on September 5 legally (and pay for that 5 days)? (He said I can
not pay a fraction of the month, but the lease or the addendum does
not say that).
I told the landlord on the 5th of July, but actually write to him on
the 11th. Would that make the notice said in the addendum take effect
on the 11th instead? What I try to say is that does the phone call
count for the time, or it must be the time of the written notice that
counts?
If you think that I have to adhere to the 60 days rule, then could I
write a nother letter to the landlord, and change it so I can move out
on the 5th of september or something like that?
If the addendum isn't signed, it doesn't count. The fact that the lease
wasn't signed by the landlord won't help you. If the matter goes to court
the landlord will sign his copy of the lease.
If you had the right to cancel at all, cancellation requires 60 days advance
written notice. That's what the addendum says. Oral notice doesn't count.
But you can still leave. All that happens is you owe rent through 60 days
from the date of notice. That's assuming your notice of July 11 contained a
clear statement that you were cancelling. If that's not true, write another
letter.
The delay in getting you a copy of the lease might help you. I vaguely
remember that there is a requirement in California that the tenant be given
a copy of everything the tenant signed. I don't know what the legal effect
would be if that isn't done. And I don't know what the law is in your
state. Check with the renter's rights organization in your state. Or an
attorney in your state. But there is no rush about that. First, move out
when you need to. Second, wait a few months and see what happens. If the
landlord sues you for more rent, that would be a good time to find out what
the law is concerning giving you a copy.
Finally, you might be OK even without the addendum. The landlord would be
entitled to full rent for the full term of the lease MINUS the amount the
landlord receives or could have received from a replacement tenant. If the
landlord rents to someone else relatively quickly, you might owe such a
small amount that the landlord won't bother suing.
Naturally, if you can negotiate a settlement with the landlord, that would
be best. Just pretend the addendum is valid, and negotiate.
McGyver
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Thank you very much for the advice. I just have a couple more question
to make.
If the addendum isn't signed, it doesn't count. The fact that the lease
wasn't signed by the landlord won't help you. If the matter goes to court
the landlord will sign his copy of the lease.
I understand that the landlord can sign the copy anytime. However,
would that violate the fact in the lease that says if a photocopy was
made before you sign the lease, then the lease is unenforcable?
If you had the right to cancel at all, cancellation requires 60 days advance
written notice. That's what the addendum says. Oral notice doesn't count.
But you can still leave. All that happens is you owe rent through 60 days
from the date of notice. That's assuming your notice of July 11 contained a
clear statement that you were cancelling. If that's not true, write another
letter.
Would it be a problem that I write another letter, and saying I am
moving out that the end of September so that the 60 days notice will
be met? (I still haven't heard anything from the owner, even thought I
tried to get in touch with him.)
The delay in getting you a copy of the lease might help you. I vaguely
remember that there is a requirement in California that the tenant be given
I live in PA. I will check that out.
a copy of everything the tenant signed. I don't know what the legal effect
would be if that isn't done. And I don't know what the law is in your
state. Check with the renter's rights organization in your state. Or an
attorney in your state. But there is no rush about that. First, move out
when you need to. Second, wait a few months and see what happens. If the
landlord sues you for more rent, that would be a good time to find out what
the law is concerning giving you a copy.
Finally, you might be OK even without the addendum. The landlord would be
entitled to full rent for the full term of the lease MINUS the amount the
landlord receives or could have received from a replacement tenant. If the
landlord rents to someone else relatively quickly, you might owe such a
small amount that the landlord won't bother suing.
This place is hard for him to rent. There is already another
apartment, sitting there for months without anyone renting it.
Naturally, if you can negotiate a settlement with the landlord, that would
be best. Just pretend the addendum is valid, and negotiate.
For many tries so far, the owner and his apartment manager refuses to
talk to me. I request it in writing, and he still does not give me
any thing yet. Would this help my case?
I still question the validity of the lease due to the way the owner
handling it. I signed both the lease and the addendum at a same time
(we both agree on this verbally before I verbally agree to rent the
aprt, and I made it clear that I will not agree to the rental unless
both of the condition is met (the lease and the addendum). I gave the
owner both of them to sign. He did not sign the addendum, and only
put his name into the lease. This seems to me like a deceitful act.
Isn't there law to prevent this?
Again, thank you for giving your valuable time and experience to
advice me on this.
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If the addendum isn't signed, it doesn't count. The fact that the lease
wasn't signed by the landlord won't help you. If the matter goes to
court
the landlord will sign his copy of the lease.
I understand that the landlord can sign the copy anytime. However,
would that violate the fact in the lease that says if a photocopy was
made before you sign the lease, then the lease is unenforcable?
I meant that the landlord would sign the lease now and lie about it, saying
that it was signed from the beginning. Naturally, if you can prove that the
ink is still wet, the signature now, after you have provided notice of
termination, does the landlord no good. I should have said that the fact
that the lease wasn't signed by the landlord won't help you unless you can
prove it.
If you had the right to cancel at all, cancellation requires 60 days
advance
written notice. That's what the addendum says. Oral notice doesn't
count.
But you can still leave. All that happens is you owe rent through 60
days
from the date of notice. That's assuming your notice of July 11
contained a
clear statement that you were cancelling. If that's not true, write
another
letter.
Would it be a problem that I write another letter, and saying I am
moving out that the end of September so that the 60 days notice will
be met?
This is a bit complicated. If you already sent written notice of
termination, specifying a termination date that turns out for some reason to
be only 58 days away, or 2 days away, that's ok. It's still notice of
termination. It doesn't matter when you actually move out, and it doesn't
matter how many days there are between the notice date and moving out. All
that matters is that you are liable for the rent for 60 days from the date
of receipt of the notice and not liable for rent after that 60 days. So if
the notice of July 11 was clearly notice of termination, there would be no
point in writing another one. It only makes matters worse.
Naturally, if you can negotiate a settlement with the landlord, that
would
be best. Just pretend the addendum is valid, and negotiate.
For many tries so far, the owner and his apartment manager refuses to
talk to me. I request it in writing, and he still does not give me
any thing yet. Would this help my case?
Nope. The landlord is not required to talk to you and not required to make
any settlement deal.
I still question the validity of the lease due to the way the owner
handling it. I signed both the lease and the addendum at a same time
(we both agree on this verbally before I verbally agree to rent the
aprt, and I made it clear that I will not agree to the rental unless
both of the condition is met (the lease and the addendum). I gave the
owner both of them to sign. He did not sign the addendum, and only
put his name into the lease. This seems to me like a deceitful act.
Isn't there law to prevent this?
That could help. Tell it to the judge. Present two arguments as
alternatives. First, there is no lease at all because you signed with the
understanding that what you were signing included the addendum because it
was right there, negotiated together and together constituting the deal,
while the landlord signed a lease without an addendum, intending to enter
into a different deal. Therefore there is no agreement and deal.
Alternatively, the landlord's signature on the lease includes the addendum
because they were done at the same time, and one signature is enough because
the party meant that signature to include the entire deal.
McGyver
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