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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33803
Experience:  Attorney for over 15 years, landlord 26 years
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Was sent lease contract for one year while in hospital and

Customer Question

Was sent lease contract for one year while in hospital and did not have email access. Did not wast to lease my property but for 6 months. Had contacted property management of my wishes prior to signed lease. It was done anyway and been told it was a done deal. I have no where to go. And need my house back.
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did you give the management company the authority to negotiate on your behalf regarding the lease?

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Did you sign the lease or did the management company?

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thanks

Barrister

Customer: replied 4 months ago.
to property manager.
No I did not sign lease. I called manager prior to any lease agreement stating I did not desire a long term lease.
Expert:  barristerinky replied 4 months ago.

Ok, unfortunately, if you gave the manager authority to enter into a lease agreement on your behalf, the he would be considered your agent and his actions bind you. You could sue the agent for breach of contract if you specifically told him that you only wanted a 6 month and he agreed to a 12, but the lease with the tenant is still legally binding. This is under the legal doctrine called "respondeat superior" which states that the principle is liable for the actions of his agent.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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