Legal Question in Real Estate Law in Utah

Legally binding contract?

Our roommate moved out. She did not sign the lease. Prior to her moving in I had her sign a contract saying that we would all pay the rent and utilities until May 1998. I did not have a lawyer draw it up or even look at it before it was signed. It is in letter format and with all of the roommates signatures on it. Is this legally binding? Can I take her to court and get the rent money for the remaining two months?


Asked on 3/10/98, 11:02 am

4 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Rent Obligation of a Tenant Who does not sign a Lease

Without seeing the letter that was signed, it is difficult to give a clear opinion. However, assuming that the letter clearly sets forth a responsibilty to pay the roomate can be forced to honor that promise. In other words in my opinion if you sue you can force the ex roomate to pay.

This transmission does not create an attorney-client relationship. We will not represent anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific problem, seek the services of a knowledgeable attorney in your area.

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Answered on 3/16/98, 8:16 am

Fax it to me or e-mail me the contents of that letter.

My fax number is 617-527-1763.

e-mail is [email protected]

Getting that letter signed was a very smart thing for you to do and rather unusual. My offhand opinion at this point is that your "letter" is enforceable as is. But let me see it, first! Contracts are one thing that don't really require lawyers to do well or do right. However, there could well be counter-claims or offsets of some sort. Why did this person move out, anyway?

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Answered on 3/16/98, 11:47 am
Hugh Wood Wood & Meredith

Suit on a Letter of Contract.

If your letter meets the minimum requirements for a written contract in UT. Offer, Acceptance and Consideration, you should be able to sue and recover. However, for legal advice specific to your fact pattern, you need to speak with a UT attorney.

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Answered on 3/16/98, 8:58 pm
Ken Koury Kenneth P. Koury, Esq.

Make her pay her share

Yes, the letter is enforcable against her but you are still liable to the landloard and not her. in other words, the landloard can collect the rent from you and you will have to go after the roommate yourself.

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Answered on 3/17/98, 1:13 am


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