Only 2 of 3 signatures on lease: binding?

[freewill39]

What is the name of your state (only U.S. law)? New York

In New York, if a rental lease has the names of THREE would-be renters/roommates listed, and only two of the people sign the lease, are those two people bound to the lease, even if the third person's signature line is blank? Or is it only a completed legally binding document if ALL THREE potential renters who are listed sign it?

We're dealing with a shady would-be landlord to whom we gave two bank issued checks for rent and security in our rental application. After being "offered" a lease, which two out of the three of us signed (the third was working), the would-be landlord turned around and said they were not offering a lease, that the lease we had just signed was a formality, and he required a guarantor or another 2 months of rent in advance. When we declined, the landlord said he "could hold" the two of us who signed the lease to it "if he wanted to".

We got him to agree to give us back our checks so we could our separate ways, but he has not yet done this, and is not returning any calls.

If I know that the lease is not binding, then I can go after him for the checks. If what he says about the two who DID sign being responsible for the whole lease is true, then my tact needs to be different.

Informed advice? Thank you in advance.

 

[BL]

For a term written lease .

First , there has to be signatures by tenant(s) and the landlord .

Second , there has to be a start date and end date .

Third , even with the signed and dated lease , other elements must be meant as required , before the lease can take effect , if outlined in the lease by the LL .

Fourth , if these elements can not be meant then the LL can not hold you to the lease .

Fifth , if all the elements are meant and the LL has not given the entry keys to the tenant(s) on move in date , the tenants can void the lease , and the LL must return any monies paid by the tenant(s) .

A lease is only binding if it takes effect , and only to the persons that signed the lease .

http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf

 

[Mrs. D]

What did the lease say about the amounts you had to pay up front? Did it specify first month's rent and security? If so, his request for an extra two months rent up front is not in compliance with the lease that he and you signed.

If you paid him the moneys specified in the lease and signed it, it's binding. But it's binding on both you and him. Do you have any evidence he promised to give you your checks back and part ways? A witness, a written statement?

 

[Alaska landlord]

Your LL can only hold you to what is agreed to on the lease. I hope you had the sense to get a copy of the lease before you walked away.