Q: If a property manager forgets to sign a lease is the lease void ? do I have to pay for damages on lease if voided?
I recently rented out a apt. the lease that was signed was a lease takeover that was for 6 months, during the last 3 months i requested a copy of the lease, I then noticed that the manager forgot to sign the lease. I then signed another contract with her ( which i still have a copy of) stating that the rent amount would stay the same and i would move out in 3 months. however once i had moved out the property sent me a notice say that i need to pay $1,800 for repairs to the apt. however it was in the same condition as when i moved in. My biggest concern would be weather or not they have the right to try and request payment from me when the contract was void ?
A:
Contracts are enforceable against those who have signed them. So if you signed a lease but the LL never did, then they could hold you to it, but you might not be able to hold them to it. Signatures are just one method of "acceptance" of a contract. Performance is another. So if you had a lease and neither of you signed it, but you paid the amount written on the lease every month and the LL allowed you stay there, then that would be another example of "acceptance".
Where you have two contracts, to the extent that the new contract doesn't contradict the terms of the old contract, there is an argument that the new contract is an extension or modification of the old contract and that terms of the old contract will apply to the new contract.
This comes down to the issue of what the intent of the parties was. Proving intent is hard and that is why you here the cliche "get it in writing" so much.
I hope this helps.
Wes
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