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Leasing contract

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K

kim.sether@gree

Guest
What is the name of your state? wi. I signed a lease contract and then 2 weeks later wanted to back out. The landlord did not sign the contract and now says he will be suing. Is the contract valid seeing as how he didn't sign it ?
 
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V

Votan

Guest
Normally the lease is a contract. It is binding when it is signed by the two parties. It should show the beginning and the ending date of the contract or otherwise it is void.

If one party named on the contract did not sign it, the contract is not yet in effect. However, I presume that in your case there must have been an oral agreement. Whether the oral agreement takes precedent, this is a tricky decision the judge will have to make. Perhaps you will need to look at court cases on this subject in your state.

The written contract takes precedent when that contrat is available. When it is not available, the oral agreement stands. To prove its existence the complainant should bring witnesses. It will boil down to your word against his, and who the judge will believe. If there are no witnesses, he cannot do anything unless he brings false wintnesses. Skilled and experienced judges can discernate true from false witness.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Votan doesn't know what he's talking about, and I wish he'd simply stop posting to these forums because people might rely on what he's saying. Apparently, Votan has never heard of the legal concept of "performance." Also, Votan has obviously never heard of the Statute of Frauds when it comes to renting, leasing, or buying property; i.e., all such transactions must be in writing, like in a written lease. So, Votan's discussion of an oral contract is completely meaningless.

As far as the unsigned lease agreement is concerned, it is not barred simply because the landlord did not sign the agreement . . . so long as the renter, you, executed the contract and the landlord has performed or tendered performance in accordance with the contract by allowing you to move in, then the contract is valid.

The landlord can have the lease admitted into evidence, and you will be held liable for the lease amount should the landlord sue you.

Votan, please leave the "legal advice" to the attorneys, and stick to the "Dear Abby" threads where people just want a shoulder to cry on. You do your best writing on those threads.

IAAL
 
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V

Votan

Guest
I AM ALWAYS LIABLE said:
My response:

Votan doesn't know what he's talking about, and I wish he'd simply stop posting to these forums because people might rely on what he's saying. Apparently, Votan has never heard of the legal concept of "performance." Also, Votan has obviously never heard of the Statute of Frauds when it comes to renting, leasing, or buying property; i.e., all such transactions must be in writing, like in a written lease. So, Votan's discussion of an oral contract is completely meaningless.

As far as the unsigned lease agreement is concerned, it is not barred simply because the landlord did not sign the agreement . . . so long as the renter, you, executed the contract and the landlord has performed or tendered performance in accordance with the contract by allowing you to move in, then the contract is valid.

The landlord can have the lease admitted into evidence, and you will be held liable for the lease amount should the landlord sue you.

Votan, please leave the "legal advice" to the attorneys, and stick to the "Dear Abby" threads where people just want a shoulder to cry on. You do your best writing on those threads.

IAAL


Bah! read my previous reply carfully ;)
 
V

Votan

Guest
kim.sether@gree said:
What is the name of your state? wi. I signed a lease contract and then 2 weeks later wanted to back out. The landlord did not sign the contract and now says he will be suing. Is the contract valid seeing as how he didn't sign it ?
I missed to ask you in the previous post, did you move in after you signed the lease?
 

JETX

Senior Member
Votan, your own last post shows why you should NOT be attempting to answer these legal questions. Sometimes the correct response is to ask additional questions to determine the true facts of the situation BEFORE you can determine the legal reality. Not only do you not know anything about the law, you don't even know what questions TO ask.

I have heard that one of the other forums is looking for volunteers that, I believe, you would be perfect for. So, hurry, as fast as possible, rush over to the following: http://www.DoctorPhil. com or http://www.oprah_knows_your_pain.com websites and apply ASAP.
 
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I AM ALWAYS LIABLE

Senior Member
kim.sether@gree said:
No, I did not move in.

My response:

It doesn't matter whether he signed, or whether you moved in or not. As long as the landlord "tendered performance" on the lease (i.e., had an apartment available for you), then you're stuck.

These legal concepts are far and away beyond Votan's scope of knowledge. If you should be foolish enough to take any advice from Votan, you do so to your own detriment.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
My response:

Votan, I already read your post, and addressed your ridiculous and misleading statements, such as,

"It is binding when it is signed by the two parties." No, only one party needs to sign.

"If one party named on the contract did not sign it, the contract is not yet in effect." Absolute garbage.

"However, I presume that in your case there must have been an oral agreement. Whether the oral agreement takes precedent, this is a tricky decision the judge will have to make." Oral agreements don't even come into play in this fact situation.

"Skilled and experienced judges can discernate (sic) true from false witness." What is this, a religious site?

Votan, stick to what you know - - off of this site. The plain truth of the matter is, you just don't know what the hell you're talking about - - at least as far as contract law is concerned.

IAAL
 
V

Votan

Guest
If you guys you are lawyers as you pretend to be, then stick to the facts. What’s wrong looking how the courts in her home state disposed of contractual claims similar to hers? Any one of you knows anything about those cases? If you do, please post these references so she will be able to make her mind as what to do and what she is up to.

You seem irritated whenever I provide directives to help tenants against landlord abuses.

Hemm...??? I am not accusing you of anything. Just a thought flirted my mind.
 

I AM ALWAYS LIABLE

Senior Member
Votan said:
If you guys you are lawyers as you pretend to be, then stick to the facts. What’s wrong looking how the courts in her home state disposed of contractual claims similar to hers? Any one of you knows anything about those cases? If you do, please post these references so she will be able to make her mind as what to do and what she is up to.

You seem irritated whenever I provide directives to help tenants against landlord abuses.

Hemm...??? I am not accusing you of anything. Just a thought flirted my mind.

My response:

Votan, why didn't you discuss "performance" with our writer?

Why did you discuss "oral" agreements at all?

Do you know anything about the Statute of Frauds?

IAAL
 
V

Votan

Guest
I AM ALWAYS LIABLE said:



My response:

Votan, why didn't you discuss "performance" with our writer?

Why did you discuss "oral" agreements at all?

Do you know anything about the Statute of Frauds?

IAAL
It seems you guys you assume tenant always wrong, landlord always right. I respong on the one side of the story as written and direct the writer to what is needed for him to make his decision. I do not make decisions here, nor do I tell the writer to do what I wanted him to do. That part is tenant's decision.


PS. I use he, his, him,... in impersonal mode, just in case you lean to pick on that.
 
V

Votan

Guest
kim.sether@gree said:
No, I did not move in.

This could be one point to your advantage as much as it could be a moot point, all depends on the whole context.

Now, I understand you have one copy of the lease and another with lessor. Did lessor give you the copy he did not sign? If that is the case, then you could argue that if there is a fraud, as IAAL suggested, it is likely to be lessor’s.

Are you sure the other copy is not signed by lessor? If the copy of the lease lessor has shows both of the signatures, then lessor can claim an honest mistake. In that case you are bound by the contract provided lessor can prove it was an honest mistake.

You should distinguish between the intent to rent and the committed renting. So far the information you provided suggests an intent to rent. Unless there is something else we do not know, you seem to me free of the contract, but again, your first source of the kind of information you need is to look at similar court cases in your state. That should be your final stop to make your decision.
 

I AM ALWAYS LIABLE

Senior Member
Votan said:



This could be one point to your advantage as much as it could be a moot point, all depends on the whole context.

Now, I understand you have one copy of the lease and another with lessor. Did lessor give you the copy he did not sign? If that is the case, then you could argue that if there is a fraud, as IAAL suggested, it is likely to be lessor’s.

Are you sure the other copy is not signed by lessor? If the copy of the lease lessor has shows both of the signatures, then lessor can claim an honest mistake. In that case you are bound by the contract provided lessor can prove it was an honest mistake.

You should distinguish between the intent to rent and the committed renting. So far the information you provided suggests an intent to rent. Unless there is something else we do not know, you seem to me free of the contract, but again, your first source of the kind of information you need is to look at similar court cases in your state. That should be your final stop to make your decision.

My response:

I'm sorry, but I'm going to have to get rid of you.

You said - -

"If that is the case, then you could argue that if there is a fraud, as IAAL suggested, it is likely to be lessor’s."

Can you please tell me where, in any of my responses, that I discussed "fraud", or "fraud" on the part of the lessor?

You know just enough to be dangerous. The only thing that needs to be "committed" is your brain - - to an asylum.

IAAL
 

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