Landlord is saying that the lease is invalid because his wife didnt have authority to agree to it?

Question

Reside in Augusta Maine and have accepted two months rent already and he wants to change the lease to say I can not have washer and dryer does he have the right to do this

She is the one who showed the apartment and went over the lease with me her name is also on the lease with him as agents. Other tenants in the same building have the same lease but they can not have a washer and dryer. Can he pick and choose who can and canot have these appliances?

Answer 1

He cannot do this.

He can serve you with notices and even take you to court, but if it isn't prohibited in the lease and there is no compelling reason (such as the building wiring not being able to handle the voltage from the appliances), he will lose.

If he brings you a new lease to sign, refuse. Let him take you to court and have the judge decide if the change is reasonable or not (it's not because you would be giving up a right without compensation or a reduction in rent).

You are under no obligation to sign or do something that is not in your own best interests. Don't let him bully you.

It doesn't matter what the other people in the building can or cannot do. He (or his wife) were the originators of the document. It was their responsibility to make sure that the document was correct.

It does not matter who "holds title". Even if his wife owns no part of the building, she was acting as his agent and under his supervision.

Answer 2

Two issues - did the wife have apparent authority to execute the lease and did accepting the two months rent ratify the contract?

If you had reason to believe the wife had authority to execute the contract then it's binding. Did she answer your phone calls and talk with you about the property? Did she tell you how much the monthly rent was? Did she physically give you the contract form? If some of the above is true then it would seem she had apparent authority. There is no absolute answer. It's a question of fact for a judge to decide but, again, if the above is true you're home free.

Second, did the acceptance of 2 months rent ratify the contract? I think this is probably your best legal argument.

I would very calmly explain that he shouldn't have accepted the rent if he wasn't going to be bound by the contract so you're going to keep the washer and dryer but you'll be careful and you're anxious to be good neighbors and tenants.

Who owns the land and how they came to own it has nothing to do with the situation.

Answer 3

It really depends on how the husband and wife hold title on the property. If the husband wife both hold title then the lease is valid since legally both have title. If however the title is held as a corporation and the wife is not an agent of the corporation then the lease is in fact invalid. Another scenario is if the husband inherited the land from a relative then the wife would not be able to enter into contracts in which she has no intrest. However most likely the husband and wife hold title jointly.
For the most part even if the lease is invalid you probably will not recieve back the rent you paid because you in fact recieved services namely use of the property for that time period. However ironically if the lease is invalid then you have a case against the couple for fraud and misrepresentation in which the hussband is just as liable as his wife in a civil case since they are married. If the landlord wishes to push the issue I suggest you seek professional legal advice so you are aware of all state, county, and city ordinances governing your landlord. Most court houses offer free legal consultations.

Answer 4

if it is in the original lease that a washer & dryer are allowed, and it is signed, and he has been accepting your rent for 2 months, I don't think there is anything he can do. If it isn't clearly stated that w & d are allowed, then there might be room for him to disallow it.

Also, if his wife signed the lease, and he states that she didn't have the authority, you could move before the lease was up and he can't do anything. But if you go that route, make sure you get something from him (signed) that states his wife didn't have authority.

Maybe you can even renegotiate the rent. "I was willing to pay this amount simply because I thought I would have my washer and dryer. Now if I need to go to a laundrymat, that is an extra cost for me. At $25 per week, I would like to reduce the rent by $100 per month."

Answer 5

NO he can't, go to your local housing authority and make sure. But I think he is not aloud to do this, especially since he already accepted 2 months rent.Besides if his wife doesn't have authority why did she do the lease with you in the first place?And why wait 2 months later to inform you of this? I believe the law is on your side.Good luck:)

Answer 6

Tlak to an attorney, but a wife's agreement is the same thing as the husband's agreement. The lease is a valid binding document for the term of the lease.

Answer 7

I agree with Jenny633. If you take any legal actions matters will get worse and next thing you know, you'll have policemen at your door every day. Just talk to him calmly and ask why you can't have a washer and dryer. You are paying for electricity right? Maybe not water... if you cant' agree on anything agree to paying part of water bill.

Answer 8

Too bad for him. He can only change the lease if you agree to it. I'm sure laws like that are pretty uniform throughout the country. Sounds like he's peeved at the wife, he should get marital counseling instead of messing with you. I'd still call for legal advice.

Answer 9

You need to seek help through your lcoal renters union or board. He cnat change the lease once you signed it. Why doesnt he want a washer and dryer in the home? are these aprtmetns that have them on site>? it may be he wants u to use his so he gets more money

Answer 10

He can't change the terms of the lease until the term is up (6 months or 1 year), unless his wife was legally incompetent.