Need to break my lease, any lawyers?

  • #26
Moonbear
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oldunion said:
i just looked over my lease, and apparently they also have a copy, but they never signed my copy of the lease....it cant be this easy. I am about to see if they also have a copy because my roomate thinks they do, and this would be logical. Can i do anything since they didnt sign my copy? I dont remember what else i signed.
I wonder if that invalidates it entirely by them never having agreed to lease it to you in the first place (their lack of signature). If it's not on your copy, then it's meaningless to be on their copy. You are the one who needs to be in possession of their signature if they have made an obligation to you. You might have found your out, but I'm no expert, so bring that to the attention of a lawyer and see what they say.
 
  • #27
SOS2008
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When I rented, I always paid the rent on time, never caused disturbances, never made complaints, and always left the place in great shape (I'm very neat and tidy). Yet there was always the threat of rent increase if I didn't sign another lease, and often just a hostile attitude in general.

With regard to my girlfriend's scenario, she was renting a house. She's like me in regard to taking good care of the property--in fact she made improvements such as custom painting out of her own pocket while there. The refrigerator was under warranty and she anxiously let them access the home (a single mother with an infant and only an ice chest?), but they would never get it fixed. After three months of this the landlord should have purchased a new fridge, and should have never used that warranty company again. In the meantime the pool service (included in the rent) was poor too--the pool became an algae pond. She couldn't break the lease, so went the route of finding convicts in the area so she could get out of there.

Anyway, too bad that many people won't be able to afford to buy homes now that prices have sky rocketed. I am so grateful I don't have to rent.
 
  • #28
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Moonbear said:
I wonder if that invalidates it entirely by them never having agreed to lease it to you in the first place (their lack of signature). If it's not on your copy, then it's meaningless to be on their copy. You are the one who needs to be in possession of their signature if they have made an obligation to you. You might have found your out, but I'm no expert, so bring that to the attention of a lawyer and see what they say.
My copy also does not have initials on the bottom of each page. I signed their copy though....i know youre not an expert, im looking into lawyers now.
 
  • #29
Evo
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oldunion said:
i just looked over my lease, and apparently they also have a copy, but they never signed my copy of the lease....it cant be this easy. I am about to see if they also have a copy because my roomate thinks they do, and this would be logical. Can i do anything since they didnt sign my copy? I dont remember what else i signed.
Even though you should have been given a countersigned copy, as long as they can produce a countersigned copy, it will be binding. What you need to do is ask them for a copy of your lease that they have on file. If the copy they give you is also not countersigned, then you may have a chance, but you will need a witness that their current copy isn't signed (they can always sign and backdate it). Don't tip them off that you're looking for the countersignature. The fact that you signed it may be binding unless there is verbiage in the contract that states (not binding until signed by both parties).

theres a room inspection form which holds no weight. theres a parental guarantors form that was notorized (guarantees payment will be made by parents if i dont),
This could be a problem.
 
  • #30
Moonbear
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oldunion said:
theres a parental guarantors form that was notorized (guarantees payment will be made by parents if i dont),
Make sure the lawyer knows of that too. If you break the lease, even with good cause, they might still try going after your parents for the money if it isn't done in a way that would absolve them of the responsibility too.

I agree with Evo, ask the rental office for a copy of the lease they have on file but don't tell them why (just let them assume you've misplaced your copy). Are there any witness signature lines? If they didn't sign it in front of you, and your copy doesn't have their signature on it, and if not having their signature invalidates it in any way, then they should have a witness to their signature who can testify to the date it was signed. If they have no witness to it, there's no way for them to prove it wasn't back-dated if your copy doesn't include their signature. But, having a witness to the signature is only an issue if not having a signature would get you out of it.
 
  • #31
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no there are no witness lines. i was not able to see the copy today because the two women who run this place will be out until monday.

I dont think the guarantor notorized paper we filled out has anything to do with the lease itself...

im going to plead my case to her on monday, and try for sympathy.
I have a pretty good story concocted about family troubles and how i fear for my emotional well-being; which is partially true and she seemed nice so maybe.

what do lawyers charge for this kind of thing assuming they took the case beyond a consultation?

edit: This is what the last line of the lease says.

in witness whereof the parties hereto have executed this lease agreement the day and year first above written

by____________________
tenant signiature_______________
By___________________
management company
agent for: my campus

i dont know if this means that a witness should have signed. No witness signed my sheet. Only my signiature is on the sheet.
 
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  • #32
Moonbear said:
Common? That's one I've never heard before. Painting was required in all the states I lived, and cleaning carpets was required in one. Re-carpeting sounds really wasteful...think of all that carpet winding up in landfills!
Really? I've never heard of the paint thing lol.
I guess it's a CA thing then. Around here the Carpets need to be changed by the management something like once every two years, while tenents are still occupying the same apartment, for health reasons. If you have someone in for a year, or almost a year, and then they move I think that it is necessary to change the carpets out before rerenting. They did the same thing in Oregon from what I remember but there's probably more reason there considering the dampness.
I'm pretty sure they do it everywhere and not just here but there is a conspiracy involving carpeting in apartments. Every apartment I have ever been in here in California has had very light cream colour carpet that is almost impossible to keep clean. And ofcourse if you leave and you leave dirty carpets they will insist on keeping your deposit.
 
  • #33
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TheStatutoryApe said:
Every apartment I have ever been in here in California has had very light cream colour carpet that is almost impossible to keep clean. And ofcourse if you leave and you leave dirty carpets they will insist on keeping your deposit.
Yep, every apartment in the country seems to have that same light beige carpet, and the same "apartment beige" walls (that's what I call the color). I did see an apartment once that had light gray carpet, but they had a waiting list, so I couldn't get one of those apartments (they were just being built and were SOOOOO nice, and they gave you a choice of gray or beige). But, how does that make sense that they keep your deposit if you leave dirty carpets if they have to change the carpet anyway?
 

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