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I moved into our house last nov. to help out a friend. In December he wanted to get a rental agreement, so we did. Now,my landlord is blind,so the whole rental aggreement was done through mail. He sent us the rental agreement, we signed it, and mailed it back to him. We never recieved a copy of the agreement until june after asking several other times, june 10,he sent me a copy. but it was not signed by him.he hired a property manager and she came to look at the house, and presented us with a signed (with his sig.) copy of the rental agreement. fax dated 2oct09Now i wouldnt have really cared, but here is the kicker, im in the military and am getting transfered to Hawaii and need to break the lease a month early. I know the SCRA states i can legally do this, but i have to present my orders to the property mamager,which has all personal i.d. information. so im going the route of is there a statute in CA, which would make the lease void due to landlord not singing in a timely manner
State/Country relating to Question: California Already Tried: you are my first search
Good morning,I'm sorry to hear of your dilemma.First of all I would like to thank you for your service to our country.You shouldn't have a problem. First of all, the fact that you signed the agreement, even if the landlord had not, does not relieve you of your obligations under the lease. Your signature is all that the landlord would need to enforce the agreement.Second, while you do need to present a copy of your orders to the landlord to be able to get out of the lease based on a change in duty station, you are free to redact (mark out) and personal identifying information that you do not care to share---such as your social security number.Failure to present a copy of your orders might result in you being sued, either immediately, or at a later date, for breach of the lease agreement. That would make little sense when the federal government has provided you with a legal out through SCRA.I wish you the best at your new assignment in Hawaii. Aloha...
Best regards,
Doug
So, Is there a statute of limitations for rental agreements in the state of california. He took 9 months to sign the rental agreement and failed to give me a copy for 6 months.
Good morning,There is no statute of limitations for getting a signed copy back from the landlord, I'm afraid. Under CA law the rental agreement was fully enforceable against you the moment it was signed and delivered to the landlord, irrespective of whether the landlord ever countersigned it.I wish you well.
Attorney
I am a practicing attorney with more than 27 years of experience in the legal field.