Newport News, VA asked in Real Estate Law for Virginia

Q: I signed a lease March 1 and paid rent and security deposit and was given keys and go ahead to move into the apt.

The LL has not signed the lease. Is it still a binding contract? They have not given me a copy of the lease nor give the gas company a copy so that the gas can be turned on. Now they want me to sign a revised lease. What are my rights?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: A lease can be enforced against anyone who has signed it. Sometimes, a separate document "signed" by the party against whom enforcement is sought can act as a signature on the unsigned lease, such as an email conveying the lease saying something like, "This is the lease I'm offering you." That could become a factual issue, which, if not handled correctly, could mean expensive litigation. If you already have a lease, the revised lease needs to be supported by consideration. All in all, if there is enough money involved, you should review this with a lawyer. If it isn't worth it to you, you might tell the landlord to return your deposit, because you aren't signing and re-signing leases. In Virginia, the words in that lease -- which, contrary to popular opinion, are not "standard" -- will generally be enforced unless they violate local landlord & tenant ordinances even if the term sounds stupid.

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