Can landlord break unsigned lease before move-in?

Can landlord break unsigned lease before move-in? by MP (MA) on July 22, 2014 @00:18

We have new tenants who have signed a lease to move into our house on 1 Sept. They have paid first, last and security. We have not yet signed the lease; their copy of the lease only has their signatures on it (and our manager's signature saying she accepted payment from them). They later asked if they could move in on the 20th, and we worked to accommodate them and told them (via email) we could have the house ready for them on the 19th, and they could pay a prorated amount (we meant by the end of the day on the 19th (although we didn't say that explicitly in the email), since we scheduled to have the carpets cleaned that morning - and mainly since they said they wanted to move in on the 20th). After this was all arranged, they then told us they were arriving on the 18th and expected to move in that night or the morning of the 19th. They have also become extremely difficult to deal with - and they haven't even moved in yet. They are making us very uncomfortable, and we want to tell them not to move in. Please advise what our legal standing is, given that they (not us) have signed the lease and they have given us money (which of course we would return). Thank you.

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Re: Can landlord break unsigned lease before move-in? by Lighthope on July 22, 2014 @01:28	[ Reply ]

> given that they (not us) have signed the lease > and our manager's signature saying she accepted payment > from them Sounds like that lease was signed. Let's say you split hairs and the contend that the lease was not signed, only that a receipt for funds had been accepted. At the very least, you could be held responsible for damages, as the tenants had relied on your word to their detriment (for some reason, the exact legal phrase escapes me at the moment). What it means is that, based on your word or actions (your e-mails are very damning), they have incurred expenses that they would not have otherwise had you not done as you have done. That, as I said, is the very least. Possibly, a Court will find a valid lease is in effect since you took money. If you hadn't signed the lease, why did you take money? After all, there was no lease. For this situation, there is a legal phrase: "You're screwed." Lighthope Pearls of Wisdom - "I don't want to achieve immortality through my work. I want to achieve it through not dying." - Woody Allen

Re: Can landlord break unsigned lease before move-in?

Re: Can landlord break unsigned lease before move-in? by Jack Klein (NY) on July 22, 2014 @09:06	[ Reply ]

I look at it like this. Possession is 9/10 of the law. Dodge the bullet. Do your eviction now by returning all their money not giving them the keys. If you end up in court (I doubt it), you explain how you were unable to meet all their additional requests above the lease which was to begin 9/1, and you needed to find a tenant who can move on 9/1.

Re: Can landlord break unsigned lease before move-in?

Re: Can landlord break unsigned lease before move-in? by Anonymous on July 22, 2014 @10:55	[ Reply ]

Do a complete background check on them and if it is not acceptable to you, refund their money and say that you can't enter into a contract with them. A contract is not a contract until both parties sign the lease. They do not have a copy of a lease signed by you. They still might sue you. I've had real estate buyers and sellers back out of contracts during the time between when one party signed and the other party was supposed to sign.

it is just the starting of a huge troubles for you by landlord on July 22, 2014 @12:49	[ Reply ]

we have a similar tenant like you, and they are not paying rent just after move in. it is already 18 months now, and they just filed their second bankruptcy in my rental. my atty said it may take another 12 months to have their move out!!!!!!!!!!!!!!!!!!!!!!!!!!

Re: Can landlord break unsigned lease before move-in? by Anonymous on July 22, 2014 @14:22	[ Reply ]

I think you should go with your gut on this one and do not let them move in. Return the money, you have an unsigned lease, do not give keys. Tell them that the place needs more work and cannot be ready in time and background check didn't work out. What sort of background check did you do before you accepted these folks?

Re: Can landlord break unsigned lease before move-in? by Anonymous on July 22, 2014 @15:59	[ Reply ]

You should have manned up right from the start and told these folks that the property would not be available until the 20th, since that's what you agreed to. (I bet you were chasing that extra rent money for the double-paid days from the 20th to the 30th.) When they said they'd be moving in on the 19th, your response should have been "No." End of discussion. Did you give them a key? If not, they'll have a tough time breaking into the rental on the 19th--you can call the police and have them arrested if they try. Just call or write them that the rental will be available on the 20th as agreed and you will meet them at XX time on that date at the property to hand over keys. If you already gave them keys, oh well. Cancel the cleaning and let them just move in on it as-is.

Re: Can landlord break unsigned lease before move-in?

Can landlord break unsigned lease before move-in? - Landlord Forum thread 321607