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I signed a 1 year lease that expired. The new lease has my name but i did not sign.

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lizziesofie

Junior Member
What is the name of your state (only U.S. law)? NY

I signed a 1 year lease that expired. The new lease has my name and my partner's name but i did not sign it. Only my partner sign the new lease. Am i responsible for the lease.
 
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JETX

Senior Member
I signed a 1 year lease that expired. The new lease has my name and my partner's name but i did not sign it. Only my partner sign the new lease. Am i responsible for the lease.
If your previous written lease had a clause that it reverted to a new lease obligation, then yes, you are still responsible under THAT lease.
If it doesn't, then you have a month-to-month obligation to your current roommate as a sublessee on his/her lease.
 

sandyclaus

Senior Member
Yes & no.

In order to be bound by a written lease, a legal contract, all parties must agree to it, which is shown by signature on the document.

You signed the old lease, but not the new. In my opinion, you remain a "holdover" tenant under the old lease. You'll want to check that lease to see how holdover tenants are handled - in some cases, they can be charged higher rent after lease expiration for the months they remain. This also makes you a M2M tenant, liable for all the other remaining lease terms on the old lease (including notice needed to terminate).

Unless you sign the new lease, you cannot be held to the new lease terms, regardless if your name appears on it.
 

justalayman

Senior Member
I would think, depending on why this is so important, a court could look at things differently and come up with different answers as to you being held to the lease.

So, why don't you explain what is going on that makes this an issue. It may bring a different light to shine that allow something else to be seen that is not apparent at the moment.

a couple questions that come to mind that may be relevant:

you say you are on the lease. are you listed as a lessee? or as an occupant?

was there a continuation clause (self renewal) in the old lease? Was there a tenancy extinguishing clause in the old lease upon expiration?

How long ago did the old lease expire? When was the new one presented?

are there any restrictions concerning subleasing in the new lease?
 

Baranov

Member
Assuming your lease did not self renew;
Your signing of the lease agreement has probably been an oversight and he may contacting you soon to sign. This will not necessarily make you a sub lessee. In fact, your lease may have a clause that stipulates no subleasing without your landlords permission. Basically, you are a month to month tenant that can be given a short notice to vacate according to the lease or your state landlord tenant act.
 
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