Is my joint lease agreement valid if one party does not sign the lease at all?

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Is my joint lease agreement valid if one party does not sign the lease at all?

I originally negotiated terms of a rental property but my roommate did not sign the lease. I put down the first month’s rent and deposit but the property was unable to provide the agreed upon changes before our scheduled move in date. Therefore, we decided not to take the place and requested our complete deposit and first month’s rent back. The management company has decided to charge us for the 4 days they took the apartment off the market (despite the other available units on premises). Is this legal in the state and is this lease even binding if the second party did not sign it?

Asked on August 24, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, only the parties who signed the written agreement are bound to it. If you and your roommate both did not sign it then you are not obligated under it. If you signed the agreement and the landlord signed it, then you are obligated under it.

If no one signed the written lease then you are entitled to all of the money that you placed on deposit with the landlord including the four (4) day charge.


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