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Does Typing My Name Without Signing Make a Lease Binding

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  • 08-28-2013, 08:32 AM
    cpamieta
    Does Typing My Name Without Signing Make a Lease Binding
    My question involves landlord-tenant law in the State of: new Hampshire. I was suppose to go to school in new Hampshire, but in the end there was some problems with the school and decided not to go. I signed a lease, but not with my signature. The landlord sent me a word doc of it to my email and all I did was type my name as the signature. We where suppose to meet up and sign it by hand but didn't. Nothing in the lease said anything about signing the lease online would be a binding contract, so wondering if this means the lease is not valid yet? I really don't see how it would be since anyone can type my name.

    Thank you
  • 08-28-2013, 09:36 AM
    LawResearcherMissy
    Re: Is a Word Document of a Lease Legal Binding
    Quote:

    Nothing in the lease said anything about signing the lease online would be a binding contract
    What makes you think it wouldn't be binding?

    It was sent to your email address. You signed it and sent it back from your email address. It's binding. Instead of looking for a way to weasel out of your obligation, try doing the adult thing and negotiate with your landlord to break the lease.
  • 08-28-2013, 09:42 AM
    jk
    Re: Is a Word Document of a Lease Legal Binding
    to expand on this a bit:


    your entry of your name on the lease on the signature line and then returning it to the LL was intended to act as your signature, correct? (in fact you admit to such in your post)
    If so, why do you think that you can now argue it was not your intent?

    and just something to think about:

    would you have a problem if you drove all the way there with all of your possessions in tow and found the LL rented the unit to another person claiming; but you did not sign the lease. All you did was send me a copy of the DOC with your name typed on the signature line so I rented it to somebody else.
  • 08-28-2013, 09:44 AM
    Disagreeable
    Re: Is a Word Document of a Lease Legal Binding
    It is a completely enforceable contract. I suggest you reference the following:
    http://www.gencourt.state.nh.us/rsa/...XVII-294-E.htm
  • 08-28-2013, 09:58 AM
    jk
    Re: Is a Word Document of a Lease Legal Binding
    Quote:

    Quoting Disagreeable
    View Post
    It is a completely enforceable contract. I suggest you reference the following:
    http://www.gencourt.state.nh.us/rsa/...XVII-294-E.htm

    great info

    and to the specific section:


    Quote:

    294-E:7 Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts. –
    I. A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
    II. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
    III. If a law requires a record to be in writing, an electronic record satisfies the law.
    IV. If a law requires a signature, an electronic signature satisfies the law.Source. 2001, 265:1, eff. Sept. 11, 2001.

  • 08-28-2013, 12:34 PM
    cpamieta
    Re: Is a Word Document of a Lease Legal Binding
    Well I put down a deposit so i figure i would just loose that.
    thanks for the info
  • 08-28-2013, 12:39 PM
    davidmcbeth3
    Re: Is a Word Document of a Lease Legal Binding
    Its up to a judge to decide what constitutes a signature. Oh, he will ask if you put that mark upon the document.
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