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: It depends upon the terms of the agreement to agree.
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.
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