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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 29012
Experience:  30 years experience representing clients.
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2 questions, this issue is occurring in Atlanta, GA. 1.

Customer Question

2 questions, this issue is occurring in Atlanta, GA.
1. A landlord has drawn up a lease agreement (on a house he is buying) for renting an in-laws quarters to myself and my partner. The issue is that he (landlord) has not closed on the house and the home is not his yet. So can he legally draw up a lease for a home he does not own yet?
2. The lease states that it is between my partner, myself and the landlord, but only the Landlord and my partner have signed. I have not signed even though my name is ***** ***** lease, is this still a binding Contract?
We did give him a 1200 deposit, but not are questioning the legalities of this.
thank you
Submitted: 8 months ago.
Category: Legal
Expert:  Loren replied 8 months ago.
Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 8 months ago.
---The issue is that he (landlord) has not closed on the house and the home is not his yet. So can he legally draw up a lease for a home he does not own yet? ----Yes, it is legal to enter into an agreement before the closing. However, unless there is a provision making the closing a condition precedent, the buyer/landlord will be in breach and liable for damages if the property is not available.
Expert:  Loren replied 8 months ago.
----2. The lease states that it is between my partner, myself and the landlord, but only the Landlord and my partner have signed. I have not signed even though my name is ***** ***** lease, is this still a binding Contract? ----You can not be held personally liable for a leaset you have not signed, even if your name is ***** *****
Expert:  Loren replied 8 months ago.
Are you online with me?
Customer: replied 8 months ago.
At this point we just want our deposit of 1200 back
Customer: replied 8 months ago.
i prefer my answer in writing
Expert:  Loren replied 8 months ago.
Is the landlord in breach? Has the lease commencement date passed?
Expert:  Loren replied 8 months ago.
If the landlord is in breach then you can demand your deposit back and if the landlord refuses you can sue, not just for the deposit, but for the damages you incurred stemming from his breach as well.
Expert:  Loren replied 8 months ago.
You can sue in small claims court if your damages do not exceed $15,000. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
Expert:  Loren replied 8 months ago.
Did you have further questions? Have I answered your question?

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