Do I have grounds to break this lease.

[carbro]

What is the name of your state? pa

Hello,

I signed a lease on June 20,2007 for a commercial establishment. The lease is for 6 months then the options kick in.

Here is how it went down and I would like any input on my legal rights.

Went to office to sign the lease and noticed the date was wrong with the start time. It said July instead of August. He had his secretary draw up just the front page of the lease with the new dates. I signed and then expected him to do it. He then told me that His wife had to sign the lease and she wasn't there. I left the office without a lease(I did sign it) and I left $1000 security deposit. Fast forward to last week. I stopped in the office to get a copy of the lease because I need it and have to work on the location in order to be open by August 1st(The start of said lease). His secretary pulled out the paper work and had no signed lease for me. The owner was contacted by phone while I was at the office and he said he will drop the lease off for me to just write out a check for the remaing first and last months rent. I left and decided enough is enough.
Last Thusday, I sent a letter stating that I did not have a signed lease and was not interested in the location anymore(This was sent certified). He got it on Friday then sent me a certified letter Friday saying for me to get in contact with him about the "signed" lease before he takes legal action. He never cashed the check for the $1000.

Where do I stand legally on this one?

Any and all help is greatly appreciated.

Carbro

Signed lease at office 6-20-07

 

[carbro]

Anyone have any insight on this?

Thanks

 

[JustAPal00]

It seems to me he has a lease signed by you, he is in charge! Commercial land lords must learn that trick in school. It took me 4 1/2 years to get a copy of my lease. I had to threaten not to pay any more rent!

 

[BoredAtty]

Short Answer: There is a lease, and you're stuck with it.

Long Answer: My guess is that a lease does not need to be in writing if it is for a period under one year (that is standard in many states). Therefore, it doesn't matter who signed what, so long as the terms can be proved in court. But even if the lease is within the statute of frauds (i.e. even if it must be in writing), it only needs to be signed by the party to be charged. In this case, you are the party to be charged since you want to break the lease. You signed the lease, and therefore, it can be enforced against you.