Legal Question in Real Estate Law in Washington
Rental Lease
I have a lease that has been signed by potential tenants and they submited security deposits with the lease, but I did not sign the lease because I was waiting for some additional money and information. I did not expressly tell them that I was not going to sign the lease and they probably assumed that I did. Now I some other tenents that are more favorable that I do want to sign a lease with. Do I have any obligation to follow through on the old lease, which I have not signed, if I return their money?
1 Answer from Attorneys
Re: Rental Lease
A contract is always construed against the maker (here that is you) and especially in Div. III, landlord tenant disputes are generally resolved in favor of the tenant). Especially dicey ones like what you are describing.
Basically, you are having second thoughts and are trying to think of a way to breach this contract.
Your signature is not as critical as you think it is. Put yourself in the first tenant's shoes: you have taken their money, and they have signed your contract and now, you are having cold feet.
IF the first tenants have not moved in, you could return their money, and add a little for the drama, and just tell them you don't want to do this, and is it OK with them if they don't move in?
If they have all their worldly goods in a truck in your house's driveway, they may or may not be intrigued by a little extra money.
If they are not, they have a great lawsuit against you for specific performance because they signed your contract, and you are wanting to back out.
IF the money you were waiting for and the information was critical, then theoretically they haven't paid your price, or you could say that the information was critical.
Honestly though, you need to offer them additional consideration (money) to go away. Half a month's rent or so.
Hope this helps. Powell