Q: If my name is misspelled on the lease and I did not sign but other roommate did, is the lease still binding to me?
Wanting to leave due to roommate disputes
A:
The misspelling is not a material defect in the lease.
As for the lack of a signature, the issue is complicated. A signature is usually needed to create an binding agreement (esp. for real estate). However, actions can impute an agreement (esp. for leases). In other words, you are likely included in the lease if you lived at the lease location for a reasonable period of time and/or conducted activities like a tenant (e.g. paying rent, utilities, etc.). The elephant in the room is the concept of unjust enrichment (meaning you cannot enjoy the benefits of the lease and then reference a defect in the formalities of the lease to support the argument that the lease does not apply to you).
If you want to leave early talk to the landlord. The landlord may be accommodating.
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