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  1. #1
    Join Date
    Jul 2006
    Posts
    1

    Exclamation Is A Lease Binding If You Haven't Been Accepted As A Tenant

    In early June, I signed a lease for an apartment and planned to move in mid-June. I mailed the signed lease, together with a check for the refundable deposit to the landlord. The landlord kept telling me that I would receive final approval in a few days and then she would then also sign the lease. Since this was a long-distance move, I was the only one to sign the lease. However, by the morning I was to make my cross-country move, I had still not received a copy of the lease signed by the landlord, nor did I get a receipt for my deposit. This lease is for a property in the state of Washington.

    I was starting to feel very unsure about this. I was starting to wonder whether this landlord just took my money and whether I would actually have a place to live when I arrived in the new city. I decided to call the landlord and cancel the lease. She said over the phone that she would put my deposit back in the mail to me the next day.

    However, the next day, I was starting to wonder whether this landlord would actually mail me the check. I called many times and she never took my calls. I left messages and she did not call back. I called my bank and was able to put a "stop payment" on the check. I then proceeded to send her a money order to cover any costs charged to her by her bank for the returned check. She cashed that check.

    Now, after more than a month, I receive a threatening e-mail from this landlord stating that if she does not receive the full payment in a week, she will sue me. She also states in her e-mail that "In case you still doubt the question why you don’t have my signature on the Rental Agreement and you don’t have a copy of my signature - it is simply because I have not received any Deposit Money from you."

    I am really confused. If she never signed the lease as she states in her e-mail, do we have a lease?

    Is there anything I can do to stop her? Does she have any legal grounds? Do I have a defense? Can I get an attorney to send her a cease and desist letter? Any advice would be greatly appreciated.

  2. #2
    Join Date
    Nov 2005
    Posts
    310

    Default Re: Is this lease binding?

    Normally, your signing the lease and giving the landlord a security deposit would make the lease binding against you. But since, the landlord had NOT approved your application yet, a binding offer had NOT been made. Arguably, you made binding offer to the landlord, but he/she has not accepted your offer either. Since the landlord has not accepted your offer in a "reasonable" amount of time, you don't have to honor it. Though you could make it clear that you offer has been revoked by sending a letter stating the same.

    As for the security deposit, the landlord was not entitled to it, so he/she should not have cashed the check. A court may find that the landlord cashed the check in good faith, but your offer had been effectively revoked by the stop payment.

    I see no liability on your part, so I would just ignore the landlord's communications.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is this lease binding?

    Did she cash the check on which you stopped payment, or just the check you sent to cover any bank fees in the event that she cashed the initial check? It would better support your position if she actually returned your check, or never deposited it.

    Quote Quoting hogieman
    Now, after more than a month, I receive a threatening e-mail from this landlord stating that if she does not receive the full payment in a week, she will sue me. She also states in her e-mail that "In case you still doubt the question why you don’t have my signature on the Rental Agreement and you don’t have a copy of my signature - it is simply because I have not received any Deposit Money from you."
    Keep that email. I think it very much supports Fxston's argument that the landlord never accepted you as a tenant.

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