Lease Application: Not everyone signed

[rodu123]

Virginia

Hi,

So basically we 4 people were applying to an Apartment lease. 3 of us signed the Leasing docs (it was e-signed). 1 did not do it and hence the Leasing office is also not signing the lease as they need all 4 of us to sign.
Under these circumstances, are 3 of us under the lease and have contractual obligation. Can the 3 of us just back out now or are we at the mercy of the leasing office, where if the leasing office now decides to sign the application, then the lease will be in effect for 3 of us.
If someone can pls clarify, if would really help me.,

 

[Zigner]

Why don't you ask the leasing office if they will let you out of the deal now since the 4th doesn't want to sign?

 

[rodu123]

Why don't you ask the leasing office if they will let you out of the deal now since the 4th doesn't want to sign?

Actually we asked and they are not giving a clear answer. They gave a very indirect answer that they can sign and enforce it on 3 of us. But my question was that do the 3 of us have any legal right to back out, since the application was started with 4 people and not all of them signed. We will still lose the application and admin fee which is alright with us.
Its ok also if leasing office signs and enforces it on all 4 of us, since that will surely make the 4th guy come back and sign it.
But we are not sure what are our and the leasing office rights in this scenario

 

[Zigner]

What do you wish to see happen? Are you concerned that he 4th won't sign?

 

[FarmerJ]

Was there a deposit paid or so called share or rent by anyone ? or any other money other than application fees?

 

[adjusterjack]

So basically we 4 people were applying to an Apartment lease. 3 of us signed the Leasing docs (it was e-signed). 1 did not do it and hence the Leasing office is also not signing the lease as they need all 4 of us to sign.

This is the kind of thing that should convince you to avoid roommate arrangements. If this is happening before you even move in to the place imagine the nightmares to come when the roommate arrangement really deteriorates.

 

[rodu123]

Thanks everyone for posting.

The only thing we paid is Application and Admin fee. The Leese will start from 20th Feb and the rent is due at the time of move in.

There's no written agreement between the 4 of us on how the rent will be split. Its all verbal agreement.

So the thing is 4th guy is not willing to sign. So i just wanted to know what are my legal options.

1.) Can we legally back out of the lease because of the fact that the lease application was started with 4 applicants and only 3 of them signed. Can the leasing office still hold us 3 accountable (assuming they go ahead and sign it from their end). Do we have any legal recourse to say that Leasing office cannot do it since all 4 of us did not sign

2.) It is ok that the leasing office sign and hold all 4 of us accountable. Not sure how they can hold him accountable if he hasn't signed. But if it happens, in that case I am pretty sure that the 4th guy will agree to sign. Now how we deal with him later is another problem

3.) I know if that is status quo is mentioned, then the action is on the leasing office (pls correct me if I am wrong). I am pretty sure that the lease is not enforceable till the leasing office signs it. So what if this question was from leasing office side? What if all applicants with whom the leasing application was started are not willing to sign? am i legally allowed to sign on my end and that makes the leases bindable on all the parties who signed it? Or basically I cannot do anything till all parties signs and of they don't , I have to let go of them.

Sorry for the long post, but really need some advice

 

[Zigner]

You really need to look closely at the lease agreement itself, as it likely contains the answer(s) to your question(s). If you are not sure, then you should have it reviewed by a local attorney. Contract review is beyond the scope of this forum.

 

[rodu123]

You really need to look closely at the lease agreement itself, as it likely contains the answer(s) to your question(s). If you are not sure, then you should have it reviewed by a local attorney. Contract review is beyond the scope of this forum.

Thanks

 

[FarmerJ]

If you ( the three who did sign cannot afford to live there with out a fourth then If you 3 refuse to move in and refuse to pay you do run the risk that the LL will take you to court . You did not say if this housing is near a college area / university but if it is that may help your LL find another tenant (s) to move in. Your also free to choose to pay the rent and refuse to let the one who wouldn't sign move in and work with your LL as you find your own replacement person to take the bedroom that one was supposed to be in to screen that new fourth person and formally add them into the lease. ( I do not know if your state has addressed this with a statute so its on you to do the searching to see if your state requires landlords to mitigate vacancy losses ( in some places landlords do have a duty to find and install a replacement tenant when someone under a lease is not able to honor it. like when someone moves in but after a job loss cant afford to stay so they move out a number of months early) Talk to the LL !

 

[reenzz]

As a landlord myself, i require all occupants over the age of 18 to sign the lease. If they refuse to sign, they can not live in my apartments.

 

[rodu123]

As a landlord myself, i require all occupants over the age of 18 to sign the lease. If they refuse to sign, they can not live in my apartments.

Thanks Reenz. But my question is what if 4 people came to you and all 4 started the application, payed the admin and processing fee. But only 3 of them signed and one doesn't. You still haven't signed since you are waiting for the 4th guy to sign. What happens after then? What if these 3 guys come and say that they don't want to go ahead and you still haven't signed?

 

[rodu123]

If you ( the three who did sign cannot afford to live there with out a fourth then If you 3 refuse to move in and refuse to pay you do run the risk that the LL will take you to court . You did not say if this housing is near a college area / university but if it is that may help your LL find another tenant (s) to move in. Your also free to choose to pay the rent and refuse to let the one who wouldn't sign move in and work with your LL as you find your own replacement person to take the bedroom that one was supposed to be in to screen that new fourth person and formally add them into the lease. ( I do not know if your state has addressed this with a statute so its on you to do the searching to see if your state requires landlords to mitigate vacancy losses ( in some places landlords do have a duty to find and install a replacement tenant when someone under a lease is not able to honor it. like when someone moves in but after a job loss cant afford to stay so they move out a number of months early) Talk to the LL !

Thanks for the reply