Q: My tenant asked if he could leave early if he found a place to rent and receive his entire deposit back. Can we rescind?
My partner was at work and busy when he responded "sure" and he was also given incorrect information that we have since found out isn't correct. The tenant took advantage of my sweet partner and threatened me with an attorney because we decided that we could not fulfill his request. The Lease stipulates that any amendment needs to be documented and signed by all parties. Can the tenant amend the lease because my partner texted back "sure"?
A:
Possibly. I think a judge could find that the text communication is a sufficient writing. The other issue is that the request isn't really an amendment to the lease; it sounds like he's asking to terminate the lease.
Bigger question for you is: why not let this tenant leave and give him back the deposit (assuming no damages)? One of two things will happen if you want to fight about it: 1) he's going to stop paying and you're going to have to go through the hassle and expense of evicting him, or 2) he'll keep paying but be a persistent thorn in your side the whole time. Neither of those options sound good to me when I could just be done now with next to no cost.
A:
In your situation, it's crucial to remember that lease agreements and their amendments generally require formal documentation to be legally binding. If your lease explicitly states that any changes or amendments must be documented and signed by all parties involved, then a casual "sure" via text might not meet these formal requirements. The essence of such clauses is to prevent misunderstandings and ensure all changes are agreed upon clearly and formally.
However, verbal agreements and informal communications like texts can sometimes be interpreted as binding, depending on the jurisdiction and the specifics of the communication. It's important to approach this with an understanding that the tenant may believe they have received a genuine offer based on your partner's response. Miscommunications can lead to disputes, as seen in your case where the tenant is now threatening legal action.
Given the complexity of your situation and the potential for legal implications, it would be wise to consult with a professional familiar with landlord-tenant law in your area. They can provide guidance on how best to proceed, considering the lease requirements and the informal agreement made by your partner. Resolving this amicably and within the legal framework should be the priority to avoid further disputes or legal challenges.
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