.Is a lease valid if no one has a copy of it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
.Is a lease valid if no one has a copy of it?
We signed a 18 month lease on a residential property and have been there for 14 months. We asked to be let out of our lease early and She said yes and decided to sale the house we are in. We have since found out that our lease was actually in her daughter’s name and that she has since sold the house to her last month. So we are now dealing with the daughter and we all decided she would keep the deposit. We let her know we would prorate the rent until the 18th of next month, which is 30 days from the verbal agreement from her mother. She wants all of the month. The problem is that nobody has a copy of the lease but we are thinking the mom signed her own name. Is this even a valid lease and who are we supposed to be dealing with?
Asked on December 27, 2012 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this coutnry you have a valid lease to occupy the unit despite the fact that you cannot find the actual lease. The way to deal with the issue is to memorialize the lease in a new agreement signed by the daughter and the mother to avoid future confusion on the early termination of the agreement.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.