Lease only signed by one party. VALID?

[HomeGuru]

This is a very basic tenet in contract law. Google it and you will find millions of examples. I am surprised that you have not heard of this tenet, or experienced it. And it makes perfect sense if you follow my example...if a contract is arranged for three parties, but only two decide to enter, that contract is not enforceable for the obvious reason that the parties were relying on the non-entering party to satisfy some proviso. If you really can't find some examples, please let me know, and I'll see if I can't post a case or two. I'm really kind of busy now...but the examples you seek can be readily had right on tjhe internet. I would just first ascertain the source. I thought this was understaood by most everyone with some level of experience dealing in contracts.



That partial quote was part of my example of a nonenforceable contract by way of some party failing to enter. Contract Law 101.

**A: Contract Law 101? I guess you missed that class.

 

[johnd]

**A: what a joke.

Ahhhhhh. Yet another self-proclaimed erudite. I've met the type plenty of times.

Please post the statute that permits two party contracts to be enforced when only one of the parties sign. Then you will have posted something worth reading.

Well? I'm still waiting.

 

[anabanana]

Guru--

What about the language of the lease? If it says ALL parties, is it or isn't it ALL parties? If she had signed it and he hadn't, and the landlord didn't think she could afford the place, or didn't think she was a good credit risk, or any of a number of other reasons, would she be able to enforce it and take possession?

If not, then where is the logic? These property management outfits are myriad down here because we have sooo many non-resident property owners. And the PMs are often unscrupulous bullies, as these are, but whether they are jerks or ethical business people with a legitimate disagreement on circumstances, they usually get their way because most renters don't have the time, money or resources to argue with them.

And if he's rented the place again, where is his harm? What are his damages? In Florida, at least, you can't keep a deposit for the hell of it, no matter how inconvenienced or annoyed you are.

 

[anabanana]

Just wondering, because I can't find anything on this, nothing in any landlord-tenant statute. And as a matter of the "basic tenets of law" that John was talking about, I'm not sure that landlord-tenant issues don't depart pretty far from basic contract law...

 

[Cvillecpm]

You only need a copy of a contract signed by "the party to be charged"....my leases are all signed by the tenant and many are not signed by me....I'm only charging the TENANT with performance.

Statute of Frauds