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Is a rental binder the same as a rental/lease agreement?

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jmelchior

Junior Member
What is the name of your state (only U.S. law)? Utah, Salt Lake City

I moved into a rental house approximately 6 months ago. Initially, the landlord and I agreed to a 1 year lease. I signed a Rental Binder Agreement stating that I would pay a $350 security deposit (minus $50 for cleaning) and that a "lease will be signed on or before June 1, 2010 for a period of 1 year."

The rental house is not working out for me and I have begun to look at the document to see what my options are. It has occurred to me that I never signed an actual lease, with terms to get out of the lease.

I have done some research and determined that this document is merely to secure the rental between me and the landlord, AND that I should have actually deducted the $300 (minus $50 for cleaning) from my first month's rent, which I didn't. Also, that many landlord's use this as a rental agreement, when the binder is not.

I have also read an article providing that a rental agreement is not the same as a lease agreement. A rental agreement goes for 30-day periods and is subject to change each 30-day period.

The question is: Can I just give 30-days notice, since this is not a lease agreement? Does the mention of the 1-year term apply since the actual lease agreement was never signed? Should I deduct the $300 from my last month's rent?

Please help!What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Utah, Salt Lake City

I moved into a rental house approximately 6 months ago. Initially, the landlord and I agreed to a 1 year lease. I signed a Rental Binder Agreement stating that I would pay a $350 security deposit (minus $50 for cleaning) and that a "lease will be signed on or before June 1, 2010 for a period of 1 year."

The rental house is not working out for me and I have begun to look at the document to see what my options are. It has occurred to me that I never signed an actual lease, with terms to get out of the lease.

I have done some research and determined that this document is merely to secure the rental between me and the landlord, AND that I should have actually deducted the $300 (minus $50 for cleaning) from my first month's rent, which I didn't. Also, that many landlord's use this as a rental agreement, when the binder is not.

I have also read an article providing that a rental agreement is not the same as a lease agreement. A rental agreement goes for 30-day periods and is subject to change each 30-day period.

The question is: Can I just give 30-days notice, since this is not a lease agreement? Does the mention of the 1-year term apply since the actual lease agreement was never signed? Should I deduct the $300 from my last month's rent?

Please help!What is the name of your state (only U.S. law)?
Based ONLY on what you've posted, I think you're good to go with a 30 day notice. The document you are referring to is very clear that it is NOT a lease.
 

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