Legal Question in Landlord & Tenant Law in Massachusetts
Lease signed by Tenant, not by LL - when is it binding?
I signed a lease as tenant, and gave two duplicate originals, signed by me only, to LL's representative. The beginning of the term is about 3 weeks away. LL has not yet signed, and is now telling me he wants to wait several more days before he will sign. I want to break the deal.
If I give LL written notice that I want out before I get back a signed copy, am I OK?
2 Answers from Attorneys
Re: Lease signed by Tenant, not by LL - when is it binding?
You must have evidence(such as a Date stamped RRR letter)that you withdrew your offer BEFORE he accepted it. Good Luck!
Re: Lease signed by Tenant, not by LL - when is it binding?
It sounds like all you have is his verbal assurance that he has not signed it. Even if true, there is nothing to stop him from signing it after you try to withdraw, but pre-dating his signature.
Try to get a recorded or written statement that he has not yet signed it, then send a letter certified return receipt requested withdrawing your offer. Also send a regular mail copy. Be sure your return address is on both envelopes and be sure you keep a copy as well as the certified receipt and green card if you get one.
To answer your legal question, an offer is binding when accepted on the same terms as the offer. What you signed, until signed by the landlord, was an offer.
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