English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

If the landlord does not sign and deliver a written rental agreement signed and delivered to him by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord. If the tenant does not sign and deliver a written rental agreement signed and delivered to him by the landlord, acceptance of possession or payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant. If a rental agreement, given effect by the operation of this section, provides for a term longer than one year, it is effective for only one year.

Thank you I am not to good at understanding some of these laws

2007-07-15 14:08:13 · 2 answers · asked by Anonymous in Business & Finance Renting & Real Estate

2 answers

When a rental agreement ones only signed by either the tenant or landlord but they went ahead and accepted rent and moved in the lease is in effect even if not signed by everybody.
So if you had a lease you didn't sign that said you couldn't have pets but you moved in and paid rent you can't have pets. They can still enforce the lease, you knew you couldn't have pets.

2007-07-15 14:13:53 · answer #1 · answered by shipwreck 7 · 0 0

Here's how I look at it - strictly from a layman's point of view. I AM NOT an attorney, lawyer or barrister.

A prospective tenant finds a property to rent. He/She decides to complete the application and give the Landlord or the Landlord's agent the deposit and credit report money. Apparently everything went OK with the credit report.

The applicant gets a phone call or an e-mail from the Landlord's agent to come in to sign the lease. The applicant does this and becomes the Tenant.

The agent tells the Tenant the Landlord is out of town, but the Lease will be signed as soon as the Landlord returns. This is a very common practice.

The Tenant moves into the property. 1 week passes, 2 weeks pass. The Tenant knows the rent will be due in a couple weeks.

The Tenant calls the agent to ask about the signed copy of the lease. The agent tells the tenant, "The landlord isn't back yet."
The tenant asks, "When do you think he/she will return?" The agent tells the Tenant, "I don't know, but even if he/she doesn't return any time soon, your rent is still due on the due date.". The Tenant acknowledges this fact.

The rental due date arrives and there's the Tenant's check - in full as expected. STILL no landlord. STILL NO WORD FROM THE LANDLORD. STILL NO SIGNED LEASE.

The fact the Tenant paid the rent on-time and cared for the property according to the terms of the Lease, allows the Tenant to continue renting the property. This could continue for the entire term of the Lease and for any renewal terms. As long as the rent check or other negotiable instrument [money order, bank check, cash, etc.] is received and accepted by the Landlord's agent, AND the property is maintained according to the terms of the lease, the Tenant can continue occupying the property.

Let's put the shoe on the other foot: The Landlord signs the Lease. BUT for one reason or another the Tenant is called out of town [you can use your imagination], and is not able to sign the Lease. As long as the Landlord or the Landlord's agent receives the rent on-time or ahead-of-time AND the property is maintained according to the terms of the Lease, there really isn't any reason for the Lease to be terminated, is there?

HOWEVER, if the Landlord and/or the Landlord's agent louses up and allows the property to be poorly maintained [grass not cut and allowed to continue to grow; snow/ice not removed according to the municipality's laws, etc.], the Tenant could bring legal action against the Landlord AND THAT unsigned lease could be enforced by the Court to the Landlord's detriment and the Landlord's cost.

The same holds true for the Tenant. If the Tenant louses up and allows the property to be poorly maintained [grass not cut and allowed to continue to grow; snow/ice not removed according to the municipality's laws, etc.], the Landlord or Landlord's agent could bring legal action against the Tenant AND THAT unsigned lease could be enforced by the Court to the Tenant's detriment and the Tenant's cost.

A CAVEAT [Alert/Warning] and NOTICE: I provided A VERY GENERAL explanation. Laws and statutes could vary from one municipality to another municipality; one county to another county; one city to another city; one state to another state; one country to another country AND all the combinations in-between. If you have any doubts or need further clarification, please seek competent legal advice.

I wish you well!

VTY,
Ron B.

2007-07-15 22:35:00 · answer #2 · answered by Ron Berue 6 · 0 1

fedest.com, questions and answers