Q: If LL & Tenant enter into Agreement to Enter into a Lease but LL does not provide lease in 5 days is the agreement void?
Further, if tenant wants to cancel the agreement to lease, which simply states the monthly rent and the LL's obligation to pay the broker, would the tenant be liable for liquidated damages if the agreement to lease was written by the broker and the lease was not provided to the tenant within 5 days of full execution of the agreement as mentioned in the agreement? Wouldn't the failure on the part of the LL to provide a Lease to the tenant within 5 days void the agreement? The agreement clearly states that it should not have the effect of a lease.
The section in question reads:
CONTRACT NOT RECORDABLE. Neither this Agreement nor any notice shall be recorded in any public records.
PERSONS BOUND. The benefits and obligations of this Agreement shall inure to and bind the respective heirs, representatives, successors and assigns (when assignment is permitted) of the parties and/or Brokers hereto.
Any and all opinions welcome!
A:
If you never signed a written lease but moved in anyway they you are technically a month to month tenant and can terminate the rental with 15 days written notice prior to the date rent is due to be paid. ie: if you pay rent on the 1st, then you need to give the written notice at least by the 15th of the month to terminate for the following month.
You really should consult with an attorney to get a full evaluation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
