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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 101596
Experience:  Attorney
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Greetings, I signed a lease on 2 houses this past Monday.

Customer Question

Greetings,
I signed a lease on 2 houses this past Monday. From my past experiences until a deposit is paid with a signed lease, the lease is not official. I did not pay a deposit on the 1st lease I signed, but I did pay a deposit on the 2nd lease I signed. I then contacted the 1st lease realtor and told them I was no longer interested in the house. He then proceeds to tell me since I signed the lease I'm blind to it and if I want to get out of the contract then I would need to be a full month and the deposit. Is he correct?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
From my past experiences until a deposit is paid with a signed lease, the lease is not official
I am sorry, but this is not true. A lease as a contract generally becomes binding AT TIME OF SIGNING, and not at time of deposit being put down or someone moving in. This is a common misconception.
Unless the contract specifically states that it is not binding until the deposit is put down (called an "executory contract"), then the contract is by default binding at time of signing.
He then proceeds to tell me since I signed the lease I'm blind to it and if I want to get out of the contract then I would need to be a full month and the deposit. Is he correct?
Yes, he is. Or rather, if someone in you situation chooses to breach the (first) contract, then one would be liable for damages if the landlord chooses to pursue it. I am guessing that the realtor means that they would not pursue (or threaten to pursue) if the deposit and full month's rent is paid in lieu.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
Thank you for the information. What can he do if I decide not to pay? Can he possibly sue me? He has my name and social security number.
Expert:  Ely replied 1 year ago.
he can possibly sue you in small claims court the amount of rent lost for the time that the property stood empty and get a judgment.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.