Confused About Lease Signing Error

[resa101]

My husband & I have a lease,the landlord wrote our names on it & didn,t spell our names correctly. We didn,t signed it & we have both copies,can we break the leaseQueens

[seniorjudge]

Are you saying that you did not sign any copy of any lease?

[resa101]

no i did not

[aaron]

The lease is for how many months?

[resa101]

for one year

[seniorjudge]

for one year

I thought you said you had no lease.

I'm confused.

Start all over again and tell us what you are talking about.

[4eyedbuzzard]

If you didn't sign the lease and/or didn't make a verbal agreement to rent the property(does the landlord have a witness?), no lease or agreement exists and you would likely be considered a month-to-month tenant if you have already occupied the property or made a deposit or rent payment. If you haven't moved in yet, or made a rent/deposit payment, and nothing exists with your signature on it, there is probably no enforceable contract.

Note that landlord/tenant laws vary by which state you live in. Many state laws(and courts) say that a lease for any length of time beyond a month-to-month rental must be in writing. No signature = no lease.

[aaron]

Generally speaking, you can enter into a lease of up to one year in duration without a signed writing. New York law provides,

1. An estate or interest in real property, other than a lease for a term not exceeding one year, or any trust or power, over or concerning real property, or in any manner relating thereto, cannot be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the person creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing. But this subdivision does not affect the power of a testator in the disposition of his real property by will; nor prevent any trust from arising or being extinguished by implication or operation of law, nor any declaration of trust from being proved by a writing subscribed by the person declaring the same.

2. A contract for the leasing for a longer period than one year, or for the sale, of any real property, or an interest therein, is void unless the contract or some note or memorandum thereof, expressing the consideration, is in writing, subscribed by the party to be charged, or by his lawful agent thereunto authorized by writing.

3. A contract to devise real property or establish a trust of real property, or any interest therein or right with reference thereto, is void unless the contract or some note or memorandum thereof is in writing and subscribed by the party to be charged therewith, or by his lawfully authorized agent.

4. Nothing contained in this section abridges the powers of courts of equity to compel the specific performance of agreements in cases of part performance.

Note that New York City has a lot of ordinances governing the landlord-tenant relationship, and that they may vary the general rule.

[resa101]

Thank you for all your answers, I did have a talk with my landlord & he said it was ok, so thank you all very, very much again.