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  1. #1

    Default Is a Lease Valid if Only the Tenant Signs It

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

    Tenant signed a one year apartment lease and sent signed lease document to landlord. Tenant signed lease 7 month prior to lease term start date.

    Lease document had designated places for both parties to sign (blanks for the tenant to sign/date and for the landlord to sign/date).

    Landlord does not send counter-signed lease document to tenant (lease document signed by landlord).

    4 months prior to lease term start date, tenant sends written notice to landlord revoking the offer to lease the apartment.

    Does a lease require both parties to sign and send the signed lease to the other party? Is this a valid lease? If the tenant refuses to make lease payments and does not move in, how might the landlord enforce the lease?

  2. #2
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    Default Re: Is a Lease Valid if Only the Teannt Signs It

    When the statute of frauds does not apply, an oral lease is binding. When it does, it must be signed by the party being charged with the lease. So if the tenant signed, he bound himself. If the lease expressly states that it's not valid until countersigned by the landlord, the tenant should be able to revoke his acceptance prior to that time - but we are talking about the tenant's copy and, even if that's the case, the landlord may have already signed his copy.

    If the tenant is bound but gives the landlord four months notice before the start of the lease to find a new tenant, the tenant may end up being lucky if the landlord in fact finds a replacement tenant during that period of time.

  3. #3
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    Default Re: Is a Lease Valid if Only the Teannt Signs It

    Quote Quoting markajohnson01
    View Post
    My question involves landlord-tenant law in the State of Texas:

    Tenant signed a one year apartment lease and sent signed lease document to landlord. Tenant signed lease 7 month prior to lease term start date.

    Lease document had designated places for both parties to sign (blanks for the tenant to sign/date and for the landlord to sign/date).

    Landlord does not send counter-signed lease document to tenant (lease document signed by landlord).

    4 months prior to lease term start date, tenant sends written notice to landlord revoking the offer to lease the apartment.

    Does a lease require both parties to sign and send the signed lease to the other party? Is this a valid lease? If the tenant refuses to make lease payments and does not move in, how might the landlord enforce the lease?
    So was it one original lease you got, or was it two originals, where you signed both and then sent both back to the LL??

    If you signed off two originals, which is what I do with my tenants, then the LL has one original which you signed, then presumably he countersigned one of the originals, place it in his file. The other one presumably he also countersigned, dropped it off in the mail to return to you, and then you never got your copy.

    Now, I don't deal with my tenants via mail, we do a sitdown signing at the rental site, I keep one, and the tenant takes his copy with him. There's been a few times in the last 30 years, tenants call me back, and tells me they can't find their copy, am I sure I gave it to them. I would say they took it with them, if they need a photocopy, I'll send them a photocopy of my copy. However, legally the original I have is valid, regardless if the tenant has his copy or not.

    Now if the LL sues you, brings you to court, then he's got and all he needs is the one copy that you signed, which he also makes sure he countersigned before he comes to court, and then brings it to court. And YOU DID SIGN that one, right?? So you say you don't have your copy?? OK, so it could be lost in the mail, you forgot that you got it, some dog ate it, whatever??

    None the less, the orginal the LL has is good, and if someone ask you if you read it, and then signed it, what are going to say?? As far as I am concerned, as LL, all I need is MY SIGNED ORIGINAL from my tenant, what the tenant does with the other original copy, his copy, the dog ate it or whatever, is NOT MY PROBLEM.

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