.Is a lease valid if no one has a copy of it?

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.Is a lease valid if no one has a copy of it?

We signed a 18 month lease on a residential property and have been there for 14 months. We asked to be let out of our lease early and She said yes and decided to sale the house we are in. We have since found out that our lease was actually in her daughter’s name and that she has since sold the house to her last month. So we are now dealing with the daughter and we all decided she would keep the deposit. We let her know we would prorate the rent until the 18th of next month, which is 30 days from the verbal agreement from her mother. She wants all of the month. The problem is that nobody has a copy of the lease but we are thinking the mom signed her own name. Is this even a valid lease and who are we supposed to be dealing with?

Asked on December 27, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this coutnry you have a valid lease to occupy the unit despite the fact that you cannot find the actual lease. The way to deal with the issue is to memorialize the lease in a new agreement signed by the daughter and the mother to avoid future confusion on the early termination of the agreement.


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