Legal Question in Landlord & Tenant Law in Georgia

Is a contract binding if one co-applicant does not sign?

Is a contract binding if one of two applicant's does not sign?

My wife and I signed a one year lease for our apartment. (Her name is 1st on the lease) We had the option of an $87.50 non-refundable deposit or a $200 refundable. We chose the non-refundable.

A few days later, we got a call from the office stating that based upon our credit, we would be required to pay the $200 deposit. We gave them a money order for $112.50, which was the difference from the $200 and the $87.50 we already paid.

About 9 months go by and we get a letter stating there was something at the office that we both needed to sign. I signed it without reading (dumb move on my part). The letter I signed stated that we paid the $87.50 non-refundable deposit. When I took it to my wife to sign, she realized we paid the extra for the $200 refundable. My wife didn't sign it, and brought to their attention that we paid extra. We have receipts and a paper showing what we paid. It shows on the paper that we paid the $200 refundable. The manager at the apt. said that is just a print out, and it's not legal. Also, she said even though my wife didn't sign the paper stating we elected the $87.50 non-refundable, the fact that I signed it makes it binding. Thanks


Asked on 6/15/06, 11:22 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Is a contract binding if one co-applicant does not sign?

A written contract is only binding against the party who has signed it. I.e., a lease may still be enforced against a tenant even though the landlord did not sign it as long as the tenant did.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Read more
Answered on 6/15/06, 12:02 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Georgia