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MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6124
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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My son and roommates were interested in leasing a house near

Customer Question

My son and roommates were interested in leasing a house near the college. They had 3 out of the six signed but the agency took the lease anyway but didn't collect the deposit which per their documents is to be collected at he time of signing. I along with other parents are co signers. I was under the believe that they were just holding the lease I abeyance until the others could sign. No money was exchanged. Move in is not until June 2. The boys cannot take this house for several reasons. To me, the lease is not complete because they didn't collect the requisite deposit at that time. But the lease agent is saying its a binding lease and we have to take it no matter what and that she was just "being nice " and giving them more time for the money. So is it a valid lease or can we just walk away
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 5 months ago.
Hello and thank you for using the Just Answer website. I look forward to assisting you.In what city and state, please?Are you saying that only 3 out of the 6 tenants signed the lease and are all 6 listed as tenants? Did the landlord sign the lease?
Customer: replied 5 months ago.
They were hoping for 5-6 roommates. Only 3 were available to sign. They were still securing the other two or 3. They were not listed on paperwork yet. I wasn't there of course. But the boys turned it in with only 3 on lease and no deposit. But they said it's ok. We will wait. Financial reasons kept the others from committing. But no problem I thought cuz no money exchanged. It's in Chico, CA. Butte county. The boys say they got no copies of paperwork. I don't know if landlord signed. You mean the owner of the house or the lease company
Expert:  MDLawyer replied 5 months ago.
Okay, if the others were not even named, then they are not parties to the contract. The parties named in the contract are the ones responsible for the lease. Not having given the deposit does not void the lease if the named parties all signed. Therefore, the lease is indeed valid although you can always negotiate with the landlord so that they are not responsible for paying the entire contract. Also, a landlord is obligated to mitigate their damages meaning that they must make attempts to lease out the premises and so the sooner they are given written notice that the boys do not intend to move in, the better for you. Unfortunately, I see this all of the time with college students. They don't quite yet understand what a contact is and that once you sign, you are committed unless the contract itself gives you an out. Please let me know if this has answered your question and thank you so much for allowing me to assist you. If you need more information,, please simply let me know. Thank you in advance for giving me a positive rating since that allows me to receive credit for the time spent assisting you since we are not Just Answer employees.
Customer: replied 5 months ago.
the move in date is June 2. We did tell them last week that they can't take the house. Leasing agent said she will relist it. The boys gave permission to relist it. She only put it on craigslist but did not put it as available on her website. Even though the move in date isn't until June 2, she still says we are obligated to pay the deposit of $7147 by tomorrow (Fri 5/13). What could happen if we don't pay it?
Customer: replied 5 months ago.
Do u have an answer to above question ?
Expert:  MDLawyer replied 5 months ago.
Hi, yes, I am here. Sorry about the wait. I was not available after 5pm to go back online. With respect to the security deposit, since no one is moving in, it would make zero sense to pay the security deposit especially since no one has the keys. Now, you would however be responsible for the first month's rent if no one moves in by June 2nd.Please let me know if you have any additional questions.

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