Is a lease renewal offerthat has beenaccepted via e-mail binding?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a lease renewal offerthat has beenaccepted via e-mail binding?

Our landlord offered to renew our lease via phone conversation; we accepted in that same conversation and I sent an e-mail to her almost immediately to confirm our agreement . Since then, she has gone back and forth many times, advising that she would not renew the lease, then advising that she would, and so on. There are at lease 10 e-mails and 40 pages involved. Each time she has offered to renew we have agreed to do so. Can her multiple e-mailed offers to renew the lease be binding?

Asked on July 29, 2010 under Real Estate Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A lease is a contract between landlord and tenant.  A valid contract requires an offer and an acceptance.  A valid contract requires agreement on the essential terms.

The landlord made a valid offer to renew the lease by telephone.  You accepted by telephone and this formed a valid contract (renewal of the lease).  You then confirmed your acceptance by communicating your acceptance by e-mail to the landlord.  A valid acceptance can be communicated by any reasonable mode.  Communication of your acceptance by telephone and e-mail are reasonable modes of communication and establish that you have agreed to renewal of the lease on its stated terms.  The landlord's multiple offers to renew the lease are binding and your lease was renewed upon your acceptance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption