• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I don't have a fully signed copy of my Lease...Can I leave?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

SammJ

New member
#1
I Live in New Hampshire, and I moved into a bedroom in someones home 4 months ago. When I did, I signed a 1 year sublease, (My landlord has a lease from the owner of the house) however, it says in the lease:
"this sublease is not valid unless approved by the landlord"
and it has a spot for the land lord to sign, but MY COPY ISN'T SIGNED!!
Well, Recently, they have been very very mean and nasty to me, telling me that when I get home from work at 10pm I need to shovel and sand and salt, even though I need to be up for work at 4:45am the next morning (I work 2 jobs to afford this bedroom... $700 a month!) and they make messes all the time and I have to clean up after them (they recently "washed" the dryers lint trap in my bathroom sink and left all the residue). and its very expensive and I'm tired and miserable and I just want to move.
Can I move without having to continue paying them because my lease is unsigned by the landlord?
 


LdiJ

Senior Member
#3
I’m sure the landlord has a copy of the lease with all signatures.
I actually doubt it. I suspect that the landlord has no idea that there is a subtenant. SammJ, unless the lease says that you are responsible for shoveling, sanding and salting (and I highly doubt that it does) then you are NOT responsible, no matter what they say.

Nobody can force you to continue to live there. No once can physically force you to continuing paying rent if you choose to move out. If the lease is valid they can hold you responsible for rent and possibly sue you or send you to collections, but they cannot make you stay.

You are free to refuse to do anything that the lease does not require you to do. You are free to demand that they provide you a copy of the lease that shows that the landlord approved the subtenancy. You are free to move out although you may eventually have to deal with financial consequences for doing so.
 

SammJ

New member
#4
Well I know that HIS copy is probably signed, but I've been told that in New Hampshire, EVERYONE has to have a FULLY SIGNED copy.
Also, I don't mind snow removal, I just think its awful of them to demand I do it tonight. Not to mention THEIR driveway (we have separate driveways) was so icy that I fell 3 or 4 times just trying to walk up it to get to the house!
 

FlyingRon

Senior Member
#5
You were told wrong. All that is necessary is your signature is on his copy to be binding on you.
And your mommy should have told you, two wrongs don't make a right. If your lease makes it your responsibility to clear the snow, then it matters not what the landlord does on his own property.
 

not2cleverRed

Obvious Observer
#6
You were told wrong. All that is necessary is your signature is on his copy to be binding on you.
And your mommy should have told you, two wrongs don't make a right. If your lease makes it your responsibility to clear the snow, then it matters not what the landlord does on his own property.
I will add, that if the lease includes a clause requiring that OP be responsible for snow removal, that it's easier to remove sooner rather than leaving it overnight.
 
Sponsored Ad

Top