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Help/Advice regarding Notice to Leave

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teejer555

Guest
Minnesota.

Roommate and I have signed a 9 month lease, which ends May 31st, 2003. They require a 60 day notice prior to the end date to show you are not renewing. I turned mine in within the time, stating I will not be renewing, and that I'll be leaving may 31st, 2003, and it is dated and signed by myself and management. However my roomie turned his in little later and apparently they are pushing our lease to the end of june. with mine turned in and apparently accepted by management, am I off the end of may??

Also, if those who know MN laws correctly. For a lease to be binding, does it have to have all three signatures, myself, roommate, and management? because the management spot has no signature on the lease.

Thanks for the help!!!
 


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teejer555

Guest
Also....

Forgot to add, in the lease it says the deposit can't be used to cover rent or other charges. landlord used part of my other security deposit (on my first unit) to pay for late rent on my new one earlier this year, without my consent....is that legal? thanks :)
 

FarmerJ

Senior Member
Can your roomate pay all of Junes rent by him/ her self ? see if this got as far as going into small claims court you could argue that your notice was accepted . But you need to pay attn to june becuase if your roomate stays and doesnt pay anyway then there is a chance that your LL might file UD and list you on it anyway out of spite . if you have metro dialing call one of the tenants advocate groups down there and see what they have to say . If your in a rural area groups like Lakes and pines might be able to direct you to someone who can answer you .
 

JETX

Senior Member
"Roommate and I have signed a 9 month lease, which ends May 31st, 2003."
*** Did the two of you sign one lease, or were there separate leases for each of you??

"am I off the end of may??"
*** If you are both on the same lease, then no. Unless the landlord allows you to be waived, your 'release' is conditional on the entire lease (both of you) to notice.

"Also, if those who know MN laws correctly. For a lease to be binding, does it have to have all three signatures, myself, roommate, and management? because the management spot has no signature on the lease"
*** The problem here is that the management can sign their copy of the lease at anytime. Simply, they can sign the lease and hold it against you at any time..... and without your having a lease with their signature, you have no way to force them to abide by the lease. Anytime you sign an agreement, make sure that ALL parties sign it and that you get a copy.
 
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teejer555

Guest
re

Yes, we both signed one lease. as far as notices go, mine was turned in on time, his apparently wasnt, but there is no date on his to prove it was late.

and we have a photocopy of the lease from the day we signed it, and an agent didnt sign it like it says, so they can sign their copy, but not ours. anybody can sign something, but wouldnt it need an agent signature to make it official?
 

JETX

Senior Member
"as far as notices go, mine was turned in on time, his apparently wasnt, but there is no date on his to prove it was late."
*** And why is the fact of 'no date' important?? In fact, it hurts you, since the management can simply say that they got it 'yesterday'. Lesson: Anytime that you are signing something that is 'date sensitive', put the date on it.

"and we have a photocopy of the lease from the day we signed it, and an agent didnt sign it like it says, so they can sign their copy, but not ours."
*** Yep.

"anybody can sign something, but wouldnt it need an agent signature to make it official?"
*** Lost me on this one. Are you talking about signing the notice to terminate, or the lease??
In any case, you are correct, it is important for ALL parties to sign the documents (whatever they are) at the same time and to exchange copies. But it is not required. As in your case, you allowed the landlord to have YOUR committment to him, but you didn't get one from him. Technically, he can force you to comply.... and you cannot force him to (since he didn't sign). And guess what, his NOT signing has no effect on the validity of YOUR signing.
 

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