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Is a Lease Void if the Landlord Won't Give You a Copy

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  • 06-05-2015, 01:47 AM
    Spiker
    Is a Lease Void if the Landlord Won't Give You a Copy
    My question involves landlord-tenant law in the State of: Missouri

    Long Story Short
    I am moving to Missouri and could not be there in person. I was emailed a lease and signed my end 2 months ago. I signed in blue ink and sent them a black and white copy (so they know my copy is original if anything happens). I emailed them 5 times over the last month to get a copy of the lease signed by the manager/owner. For one reason or another they still cannot give it to me.
    Move in day is just over a week away.

    What are my options?

    Do they have a timeline to sign the lease before it become invalid?

    Do or am I held hostage. They can void the lease whenever they want by not signing it or sign it whenever they want?

    Thank you so much I am in desperate need.
  • 06-05-2015, 08:17 AM
    Mr. Knowitall
    Re: Is a Lease Void if the Landlord Won't Give You a Copy
    Quote:

    Quoting Spiker
    View Post
    Do they have a timeline to sign the lease before it become invalid?

    Unless the lease states that it is not effective until it is signed by the landlord's agent, the lease became binding when you signed and returned it.

    Ideally you would have made a copy before returning it.
    Quote:

    Quoting Spiker
    Do or am I held hostage.

    Held hostage to what? The lease you signed? If you agreed to a term of tenancy, you did so with your eyes open.
    Quote:

    Quoting Spiker
    They can void the lease whenever they want by not signing it or sign it whenever they want?

    No.
  • 06-05-2015, 11:56 AM
    Spiker
    Re: Is a Lease Void if the Landlord Won't Give You a Copy
    So the lease is binding for both party even if I dont know the landlord signed it?

    I am fine with the term of the lease. However, I dont want to move in and then a few month later landlord say he never signed it and the lease is not valid.
  • 06-05-2015, 12:27 PM
    adjusterjack
    Re: Is a Lease Void if the Landlord Won't Give You a Copy
    Quote:

    Quoting Spiker
    View Post
    So the lease is binding for both party even if I dont know the landlord signed it?

    I am fine with the term of the lease. However, I dont want to move in and then a few month later landlord say he never signed it and the lease is not valid.

    Have you sent them any money?
  • 06-05-2015, 03:39 PM
    Spiker
    Re: Is a Lease Void if the Landlord Won't Give You a Copy
    Quote:

    Quoting adjusterjack
    View Post
    Have you sent them any money?

    I paid the deposit

    - - - Updated - - -

    Quote:

    Quoting Spiker
    View Post
    I paid the deposit

    UPDATE:

    So after 21 days and 3 calls justfrom today. The LL told me that the lease is not signed because the unit is not ready because the renovation is not complete. They are trying to make me sign a unit on a different floor. I knew something fishy was going on. I had them state that the renovation will be completed (unit will have washer and dryer in unit wood, flooring, granite, stainless steel appliance, similar to unit shown.) I also TOOK OUT the part that used to say (asterisk allows ability to change to a similar unit).

    So right now I assume the lease is either invalid or that landlord will fail to delivery procession of the place and return my deposit

    https://www.dropbox.com/s/rj4hooo8qc...liver.png?dl=0

    My questions are:

    1. Can I get my deposit back
    2. Can they try to enforce the lease once the renovation is completed at a later date.
  • 06-05-2015, 07:13 PM
    Mr. Knowitall
    Re: Is a Lease Void if the Landlord Won't Give You a Copy
    If your lease is for a specific unit and the landlord is not going to make that unit available to you, it's up to you whether you want to rent a different unit or walk away. You are also now stating that you made unilateral changes to the contract which, if not accepted by the landlord, would constitute their rejection of your counter-offer.
  • 06-05-2015, 07:37 PM
    Spiker
    Re: Is a Lease Void if the Landlord Won't Give You a Copy
    Quote:

    Quoting Mr. Knowitall
    View Post
    If your lease is for a specific unit and the landlord is not going to make that unit available to you, it's up to you whether you want to rent a different unit or walk away. You are also now stating that you made unilateral changes to the contract which, if not accepted by the landlord, would constitute their rejection of your counter-offer.

    Sorry, I was not clear. I told the agent to make the change prior to signing. So the contract they sent me has my changes included. Either way it sounds like I can walk away from the lease and have my deposit back right?

    Clause 23. Possession of the Premises
    b. Landlord's failure to deliver possession. - If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord.
    Thank you.
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