Is a lease legally binding if all blanks are not filled in and the landlord didn’t sign the original copy?

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Is a lease legally binding if all blanks are not filled in and the landlord didn’t sign the original copy?

My landlord didn’t fill out my lease, nor did they sign it. When I gave 10 day notice that I was moving they said I couldn’t get my deposit back because I didn’t give 30 day notice.

Asked on August 22, 2012 under Real Estate Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not the written lease that you have written about is binding depends upon what it states and does not state and what is signed. As such, you should consult with a landlord tenant attorney to review it to give you some opinion with respect to it. Under the laws of all states in this country, at least thirty (30) days written notice is necessary to give good notice under the law that the lease will be terminated.

At minimum, it seems that you had an oral month-to-month lease for the unit you occupied.


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