When does a lease become binding?

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When does a lease become binding?

We rented a house through a real estate agent. She had us come in to her office and sign a Lease and a copy of a lease and make a good faith security and pet deposit. The landlord has not signed it and we don’t meet her for another 7 weeks. Does this give the landlord the option to back out of the lease?

Asked on January 13, 2013 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. Under the facts that you have written, it is the law of all states in this country that until the landlord signs the lease that you signed and you have been given a copy of the lease, you do not have a valid and binding contract with respect to the property that you want to rent.

You do have an option that since there is no acceptance of the lease by the landlord to e mail or write the real estate agent that you want to cancel the offer. If that happens you have no contract.


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