Is a signed letter legally binding?
Find answers to your legal question.
Is a signed letter legally binding?
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we signed a month to month rental agreement for the apartment we rent, with a 30day notice being all that was required to end our tenancy. Approximately 1 year after moving in, a new person purchased the property. He has been an excellent landlord, and we have had no problems. A year has passed. He realized there is no signed lease agreement between us, and sent us a new agreement.
The agreement lasts 1 year, rather than being month to month. There are no specific penalties mentioned for breaking the lease. We have been looking at buying a small house, and have an offer in, but no way to know if or when it will be accepted. As such, we would prefer not to have a year long lease over our heads, but are also not yet at all ready to give up our apartment.
The potential saving grace is a signed letter that accompanied the lease agreement. In this letter, it is specifically stated "since you have been with the property for more than a year already, if you need to cancel the lease prior to expiration of the lease agreement, there will not be any penalties."
If we sign the lease, is the accompanying letter legally binding? Are we legally in the clear with this, if we do get our house and want to move sooner than the end of the lease, or should I try to delay on signing this new agreement? Or do I just have to man up and talk to the landlord, despite my concern it could cause hard feelings if he knew I was trying to move out?
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Capt. Morgan
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It sounds legally binding, and if it's signed by the landlord saying no penalties and he tries to penalize you, take it to court and show a judge that. You've won your case.
--I watch a lot of Judge Mathis and The People's Court. |
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