Does it make it valid if only one signs?

[rlov]

I have a Question about my Lease

My husband and I have lived in our apartment for two years when we signed the lease both of us had to sign. It was time to renew and without consulting my husband I signed the lease. The following day I returned to the office and told them that my husband wouldn't sign it because he wanted to move I spoke with the landlord and she said ok that is fine I said that won't be a problem since I signed she said no problem just write a 30 day notice so I wrote the thirty day notice and nothing was said the day we moved out she told us to drop the keys off in the drop box. Now that we have moved out of town we received a bill for almost 5k stating that we broke the lease so we owe rent for the next 6months they were able to lease it out so now the bill will be over 800.00 for termination of the contract I told her the whole situation and she said well I will forfeit your deposit which is 300.00 and the damage total will be 190.00 and since I signed the contract I will need to pay the 190.00 for damage and she said if I wanted to get ugly about it she will make me pay the 5k. So my question is when our lease was made out for both of us does it make it valid if only one signs? And can she hold the deposit for that reason?

 

[Michael Wechsler]

Re: I have a Question about my Lease

This is a good question. How did you send the 30 day notice? In most leases there is a requirement of the method of how it is to be sent.

I'm not sure what it means that your husband didn't sign. I might think it could be an indicator that there was not a meeting of the minds. You may want to send a certified return receipt letter reminding the landlord of the conversation, demand a return of your security, and remind the landlord that any such a claim would constitute perjury and that you would pursue damages in the event the landlord took this case to court.

Originally posted by rlov
My husband and I have lived in our apartment for two years when we signed the lease both of us had to sign. It was time to renew and without consulting my husband I signed the lease. The following day I returned to the office and told them that my husband wouldn't sign it because he wanted to move I spoke with the landlord and she said ok that is fine I said that won't be a problem since I signed she said no problem just write a 30 day notice so I wrote the thirty day notice and nothing was said the day we moved out she told us to drop the keys off in the drop box. Now that we have moved out of town we received a bill for almost 5k stating that we broke the lease so we owe rent for the next 6months they were able to lease it out so now the bill will be over 800.00 for termination of the contract I told her the whole situation and she said well I will forfeit your deposit which is 300.00 and the damage total will be 190.00 and since I signed the contract I will need to pay the 190.00 for damage and she said if I wanted to get ugly about it she will make me pay the 5k. So my question is when our lease was made out for both of us does it make it valid if only one signs? And can she hold the deposit for that reason?

 

[rlov]

The day that I went to the office and told her that we didn't want to stay if it would be a problem since I signed, she said no and asked if I would like to give my thirty day notice I said ok she handed me a piece of paper and I wrote a letter stating we would be leaving in 30 days and then signed nothing else was said. Let me reword my question, the lease is in both of our names, wouldn't they have to have both signature on the renewal lease in order to make that valid since it was rented out to both of us in our names or can they hold us liable if just one of us signs.

 

[Michael Wechsler]

Originally posted by rlov
The day that I went to the office and told her that we didn't want to stay if it would be a problem since I signed, she said no and asked if I would like to give my thirty day notice I said ok she handed me a piece of paper and I wrote a letter stating we would be leaving in 30 days and then signed nothing else was said. Let me reword my question, the lease is in both of our names, wouldn't they have to have both signature on the renewal lease in order to make that valid since it was rented out to both of us in our names or can they hold us liable if just one of us signs.

I'm not sure that I can answer the question without knowing your jurisdiction and without seeing the lease for terms that may indicate whether there is a requirement that both of you sign -- it doesn't help you if you might be bound but not your husband.

I'm wondering, why did you give the landlord back the half signed lease?

I'm a little confused about the monetary aspects as well as timing of your story. To begin, how much time before the expiration of the lease did you hand over the half-signed renewal? Were you under any requirement to give notice to the landlord if you were not going to renew your lease?