Q: Are written texts between landlords and tenants legal?
I’m in a tricky situation. I was scheduled to begin a lease Sept 6. I had signed it but noted on the lease clause 35 that inspection was not complete and told him I could not sign that portion since the tenants hadn’t moved and he had not completed the work promised on the property yet. Long story short, the house is not in the condition as promised however I attempted to work with him since I had signed the lease. Basically, he said anything else was on me. But, he added “if you can not accept the conditions as is, we can meet and I will refund the money and take back the keys”. I told him I would reach out to my landlord and get back to him on the offer. I reached out about an hour later and accepted the offer and asked when we could meet. He responded taking it back and accusing me of reneging and he is putting the house back on the market but I am expected to stay and pay. I don’t know if written texts count as agreements? I was definitely relieved he offered, but I did not renege.
A:
That's a tricky one. If there was a modification of the agreement, even orally, it can be enforceable, but the burden of proof would be on you to show that there was a) an offer to rescind the lease, b) that you accepted the offer and c) that there was some consideration (ie value) that would be exchanged as a result.
The text messages can be used to show that, but it is not easy.
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