Jan
29
Is My Lease Still Valid?
ByI signed a retail lease almost 4 months ago for a space for my restaurant. The landlord has not signed it yet nor have they asked for a security deposit. They won’t tell me when the space will be ready or anything. They keep telling me that they are working on getting the building permits, architectural drawings, etc. I’m need to move ASAP and am thinking to look elsewhere. Is this lease still binding, even though it was 4 months ago and nobody but myself signed it? No security deposit or anything. Thank you for your time.
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7 Comments
January 30th, 2010 at 10:28 am
TALK to your attorney NOW. It may never of been valid, but. . .
You need expert legal advice, not from thousands of yahoos spouting off.
January 31st, 2010 at 9:11 am
send them a certified letter stating that since they have not returned a signed lease in 4 months, you will be moving on.
February 2nd, 2010 at 10:39 am
I woukd think so since you signed a legal document but I would ask an lawyer or atterney. Look in the phone book and look for atterney’s, call them and they an answer for you and they don’t charge for that. Good luck.
February 2nd, 2010 at 4:02 pm
both parties must signed in order for it to be valid. But be careful, they may have made a copy of the lease and which they signed and kept for themselves. It could be a set up, call legal aid or a renters right agency to be completely safe.
February 4th, 2010 at 1:32 am
well the landlord didn’t sign off on it, so no. you should let them know your intentions if they are trying to get all those permits and such. 4 months seems to be a bit long, but you should check first.
February 6th, 2010 at 4:42 pm
Since he has not signed the lease and given you a copy with his signature, nor taken a security deposit, nor given you a move-in date the lease has not gone into affect.
If you are prepared to go elsewhere, you should write to the Landlord saying that
a) 4 months has elapsed since he gave you the lease and since you signed and returned it to him,
b) he has not provided you with a copy of the lease with his signature, and
c) he has not made the property available, nor will commit to a move-in date,
then you have no option other than to withdraw your request to lease.
Sign the letter, photocopy it, and mail it REGISTERED mail (so you get a record that he received the letter).
February 9th, 2010 at 3:18 am
Well, what were the terms of the lease agreement that you signed?? What is for immediate occupancy, or occupancy beginning December 2009, or what?
You signed an agreement. Whether you now have a duty to perform its terms depends on whether the landlord has performed his end of the agreement. Nobody can give you an answer without knowing what exactly you agreed to.