Legal Question in Landlord & Tenant Law in Kansas

I turned in my lease renewal and then found out my job was transferring me out of state 5 days later. I immediately sent them a letter for notice to vacate at the end of this current lease year term. My landlords do no have a buyout option and will not discuss one with me. They are attempting to force me to sublet, instead. Their sublease clause though is out of compliance with renter's laws in this state.

But! Between the time I turned in the lease and the time I gave them notice to vacate, I was never given a copy of my renewal. As it would turn out, my landlords never signed my lease so the lease as a valid contract was not in force by the time I gave written notice to vacate. I have a notarized copy of the original contract that shows it's condition as still unsigned by the owners 8 additional days after I gave them notice.

I'm not sure how they can expect to force an contract that was unsigned by both parties but are trying to do it anyway- though they know they haven't signed anything. While I know that ultimately they can't really attempt to force an agreement that doesn't exist, I'm still worried they're going to attempt to report me to creditors or attempt to have me evicted. What can I do if this happens?


Asked on 7/12/11, 12:39 pm

1 Answer from Attorneys
Anthony Smith LawSmith

A written contract must generally be signed by the person to be held to it. In this case, you signed the lease,a nd it is you they are tying to enforce the agreemtn against. Therefore, thet fact thta they had nto signed will nto defeat their case agaisnt you. But since you gave ntice tha tyou wre vacating, a judge may refuse to hodl you liable for the entire new lease period, Especially if you moved out before the natural end of yrou previous lease.

Good luck

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Answered on 7/17/11, 9:51 pm


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