Q: If the lease was never actually signed by me (tenant) or landlord, am I legally bound by anything?
I have been renting now for a year and a half on 12-month contracts. My landlord has fallen through or dragged his feet on numerous projects and am through dealing with a house that is physically falling down around me and my family. We are now going to buy a home but the lease of the rental doesn't terminate until July which means we would have to terminate early. Upon review of my documents, they sent me the most current 12-month lease but we (again, myself and the landlord) actually never signed it. We have been living in the home, paying rent, since July 2019 with an unsigned lease. If we gave 30 days notice, broke the "lease," and moved out would we be in violation of a contract?
A: That depends on your state and the remainder of the facts. In some states, a writing with your signature on it, such as the rent check, accompanied by indicia of your assent, like living there, is enough to escape the Statute of Frauds. In others. unless your signature is on the lease, there is no lease. Consult a local real estate or landlord-tenant lawyer.
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