Pittsford, NY asked in Contracts, Real Estate Law and Landlord - Tenant for New York

Q: Is an NY residential apartment lease valid if signed but not dated, and if there's no signature from the landlord?

3 Lawyer Answers
Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: If you're living in the apartment and there is a course of dealing that would be evidence that the lease was entered into. The items you mention that are omitted would be used as evidence that it is not valid. Extrinsic evidence can be presented to support either position. A judge would make a decision.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Yes, because the landlord can countersign anytime, and claim it is signed.

Marcel Wurms
Marcel Wurms
Answered
  • Landlord Tenant Lawyer
  • Lodi, NJ

A: I'm not as sure as my colleagues. If you haven't moved in yet, and the landlord hasn't signed your copy, then the landlord hasn't yet accepted the terms of the lease. In that case, you can cancel.

However, if you have moved in, then there is at least a tenancy created. The question is whether the terms of the lease apply, or if you are in a month to month. The actual answer to the question will be very fact specific.

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