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  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Default Is Lease That is Signed by 1 of 3 Possible Tenants Legally Binding

    My question involves landlord-tenant law in the State of: South Carolina

    Two other students and myself are looking at an apartment in South Carolina. However, neither one of us live in the city in which we are attending school, and were away. One of the roommates was shown an apartment, reported it was in excellent condition, and was informed to go ahead with drawing up a lease by the other two. At this time, he signed the lease. However, when the two others looked at the apartment, it was unsatisfactory for the price and have elected not to sign. Is the roommate who signed still bound by the contract even though all parties have yet to sign? If it is legally binding, is there an effective way to resolve the dispute, perhaps by allowing the landlord to keep the security deposit?

  2. #2
    Join Date
    Jul 2009
    Posts
    2

    Default Prior to the Term, when Does a Lease Becomes Legally Binding

    This takes place in the state of: South Carolina.

    If one potential tenant, out of three, has signed a lease, the other two have not (and desire to back out), and all three tenants are listed in the Lease as "Tenant", is the Lease a binding contractual agreement for anyone involved, or can the tenant who has signed the Lease back out without a penalty?

    Is anyone else liable?

    Finally, can the landlord sign that particular Lease, which includes all three tenants names, if not all tenants have signed? (Thereby not making both parties able to sign, and rendering the contract null and void.)

    Much appreciated!

  3. #3
    Join Date
    Jan 2008
    Posts
    168

    Default Re: Is Lease That is Signed by 1 of 3 Possible Tenants Legally Binding

    The lease is only binding to the person that signed. The only legal option is to negotiate a buy out with the landlord or get new roommates.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: Is Lease That is Signed by 1 of 3 Possible Tenants Legally Binding

    You can orally contract in New York for a lease term not in excess of one year, so it's quite possible that the other roommates are on the hook to the roommate on the lease even though they're not directly liable to the landlord.

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