How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
Type Your Legal Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

I signed a lease housing while under the influence of

Customer Question

Customer: I signed a lease for student housing while under the influence of prescription pain medications. I didn't move in and they are now demanding me to pay for the lease or I get sent to collections or court.
JA: Thanks. Can you give me any more details about your issue?
Customer: In July I was looking to move into student housing, nut I had just gotten out of the emergency room for an injury and they had given me strong pain meds for me to take at home. I had previously talked to the student housing lease manager about possibly moving in if it was feasibly affordable for me to. They ended up sending me a lease for me to sign electronically without informing me of this. I had told them that I could not afford this and that I would not be moving in. They then started to continuously call me to get me to pay the amount due or I would get sent to court.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $36) to post your type of question to Legal Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn about this situation.

Unfortunately the lease that you signed is going to be enforceable.

Being under the influence of any substance (alcohol, narcotics - prescription or not, or having a mental disability) does not automatically void a contract that you enter into.

The only time that this occurs is when the other party is aware that you are under the influence, and either knows, or reasonably should have known, that you could not comprehend the terms of the agreement that you were signing. (So it requires both knowing that the other person was not at full capacity, and that this capacity altered their ability to understand the contract).

In your case, it appears that you signed a lease contract remotely (electronically) and the other party (student housing) was not even present at the time that you did so. This exception would not apply.

You can try to mediate the agreement with them - contact the local bar association and ask for referrals to mediators, or contact the university resource center for referrals from campus, but as a default you are going to be responsible for the terms of the contract that you agreed to.

I do wish I had a different answer for you, but I want to provide you with a clear and concise statement of the law so that you can proceed accordingly.