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  1. #1

    Post Tenant Never Signed Lease Agreement - Is It Binding?

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

    Our lease begins this way:

    This lease agreement made and entered into this 17th day of November, 2007, by and between (Landlord's Name) and (my husband's name)

    However, my husband never signed the lease, I did. We rent from the owner of the house, and his wife. I assumed I was listed, because we both met with them, and they understood us, and our 2 boys were to live there. I handle all of our paperwork, so of course I signed the lease. I ask this because we desperately need to get out of this lease. My husband believes the lease isn't binding, because he's listed as the "tenant", I'm not listed at all, yet my signature is present, and his isn't. There was only one line for a tenant signature, and there are no more versions of this lease. He never, ever, ever signed a lease.

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Tenant Never Signed Lease Agreement - Is It Binding?

    If he moved in and has been living there, it's binding.

    It's called an implied agreement.

    Why do you need out of the lease? Is he being deployed? Restationed? You may be able to get out of it cleanly if that's the case.

  3. #3
    Join Date
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    Default Re: Tenant Never Signed Lease Agreement - Is It Binding?

    You signed, so I would expect a court to uphold it against you. You knew what you were signing.

  4. #4

    Default Re: Tenant Never Signed Lease Agreement - Is It Binding?

    Quote Quoting Mr. Knowitall
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    You signed, so I would expect a court to uphold it against you. You knew what you were signing.
    Even if I'm not listed as the "Tenant"? The lease doesn't imply that I live there at all.

  5. #5

    Default Re: Tenant Never Signed Lease Agreement - Is It Binding?

    Quote Quoting LawResearcherMissy
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    If he moved in and has been living there, it's binding.

    It's called an implied agreement.

    Why do you need out of the lease? Is he being deployed? Restationed? You may be able to get out of it cleanly if that's the case.

    We need out of the lease because my sister was recently incarcerated again, and we now have custody of my niece & nephew, which added financial burden. We were already on a fixed budget. After taking trips to FL for the purposes of getting everything situated with them, we're very behind on bills.
    We're stationed no where near an Army base, but just found out they have some military housing 45 miles away at a plant run by government contractors. We're planning to move there. We've been trying to make ends meet, but after the gas got shut off, we decided enough was enough.


    No, we checked into that. He doesn't have orders for the move. So, that's not an option.

  6. #6
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: Tenant Never Signed Lease Agreement - Is It Binding?

    The gas got shut off because you couldn't afford the bill, or because of something the landlord did? If it's the landlord's fault, that's the sort of thing that starts building your case for being able to move out despite the lease.

  7. #7

    Default Re: Tenant Never Signed Lease Agreement - Is It Binding?

    Quote Quoting aaron
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    The gas got shut off because you couldn't afford the bill, or because of something the landlord did? If it's the landlord's fault, that's the sort of thing that starts building your case for being able to move out despite the lease.
    No. Unfortunately it was because we couldn't afford to pay the bill. It just sucks because we can't afford to leave or stay. I know it won't always be this way.

  8. #8
    Join Date
    Jul 2006
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    5,437

    Default Re: Tenant Never Signed Lease Agreement - Is It Binding?

    Quote Quoting ArmyWife2008
    View Post
    Even if I'm not listed as the "Tenant"? The lease doesn't imply that I live there at all.
    A tenant is not required to live in the place.

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