Is this lease legally binding?

#1 04-11-2008, 06:32 AM

My wife and I signed a 6-month lease while we were still engaged but didn’t begin to occupy the residents until after we were married. As the 6-month mark approached, we asked them to extend the lease to 1 year. This lease consists of 6 pages and 2 additional pages which includes a buy-out agreement and concessions agreement. When we went to sign for the additional 6 months, the leasing agent tore off the first page only and replaced it with a new first page which included a new end date for the lease. We initialed the first page only; however we did not re-initial or sign the other 7 pages as we did with the first 6 month lease.

I then found out I would be getting a job transfer and they’ve thrown the books at me with all possible charges stated in the lease. With the way this lease was signed, is this a complete and binding contract? Was this a whole new contract that wasn't completed?

There aren't dates on most of the pages, unfortunately. However, the marriage thing is import now because it shows there is an obvious difference between the first page and the rest by my wife’s name, signature, and initials.

Thanks.

underdog · #2 04-11-2008, 06:45 AM

This is still a legal binding agreement. Just because conditions changed for you does not change lease. A lease you requested! You either abide by conditions for early termination onlease or face a law suit which you will lose.

#3 04-11-2008, 07:25 AM

Underdog thank you for your response, much appreciated. I guess my "defense" if you will would be that we actually complied with all terms of the original 6 month lease and saw it through to the end. What we signed after that was a piece of paper which is missing a bunch of important details, like the rest of the lease. The rest of the terms would have to be inferred based on the previous lease which was completed. Doesn't that sound fishy? Wouldn't they have to show that I completely understood all terms of the new lease by signing them? If those are missing, or at best inferred based on a separate previous document, how could that be true? Just my thoughts, thanks again.

underdog · #4 04-11-2008, 07:44 AM

Nothing sounds fishy. The lease terms stayed the same. The only exception was dates of duration. Everything else remained the same. Thats why only the first page was repleaced all terms and conditions remainded the same. In fact I just renewed my lease here and I did not even sign anything only got notice we were extending lease for another year and all terms and conditions remained the same (except rent increase that came with new lease)

moderator · #5 04-15-2008, 01:07 PM

While general legal information can be provided here, please remember that an answer to your specific question would require an attorney to review the entire lease (the original) and what happened with the extension/renewal. Also, language may be very important here - an "extension" of the lease would generally operate as an extension of all terms of the lease. Its very dificult to answer without having an opportunity to review the lease. In many leases, a landlord and tenant could easily modify the TERM of the lease, such as extending it six months, with all other terms remaining in force. Not sure if that legal effect was made here or not.

You can certainly try to speak to an attorney about your legal options. You can find one on the search tool box on the right side of this page. In the meantime, you can learn more about breaking a lease and other landlord tenant issues here: http://resources.lawinfo.com/Search.html?q=break+lease, http://resources.lawinfo.com/Search....andlord+tenant, http://resources.lawinfo.com/en/Lega...ant/index.html.