Renting a house problem.

[MitSl]

Hi there, any advice would be great

Basically here is whats up, we saw a house with a group and we all decided it was in our price range etc, so we signed a form where it was just out name, and witnessed by the landord. She said she would send the leases to our houses for the guarantor to sign.

The landlord sent out the lease to our parents to sign and send the checks out, on this form the landlord, Tenant, and Guarantor have not singed at the bottom, the only place is near the top where it says the names of those who would be involved.

Now 5 out of the 8 people are backing out . But 2 people have already had the lease signed, and sent their checks and deposit. The landlord said we are legally binding to the lease since we singed it ( we really only just wrote out name and signature in the occupant section) but have not signed the bottom, neither has the guarantor or the landlord.

What will happen now? since its a group lease and half the people are refusing to stay, will those two who HAVE signed get their money back? or are we actually in a legally binding contract

I can post the lease up if needed

[mr_toast]

I totally see how this relates to the students forum.

But sure, post the lease

[MitSl]

was not sure where to post, as we are students in University, If a moderator can move to the appropriate forum . Will post lease

[DarkMasterMX]

Home & Garden form :P.

But usually once you've signed paper work you're legally obligated to follow through. I'm not sure if there is a cooling off date on that, may want to ask your agent, in which case you might be ok. Otherwise likely if you're all going to be backing out of the lease since most already have those who have sent in the deposits are likely going to be out at least their deposit perhaps more if the landlord decides to pursue the issue.

[CSK'sMom]

And away we go to the Home & Garden Forum...

[Portwest]

The outcome of this will depend a lot on the specific wording and form of the lease and whether you're dealing with one lease or eight separate leases. Is it truly what you call "a group lease" or is it several leases? In other words, has each person agreed to rent a room or one-eighth of the house OR has the group as a single entity agreed to rent the house?

As for what your prospective landlord tells you is legally binding, well, you can't rely on anything he has told you. He/she may act as though he/she is knowledgable, but that means nothing. He/she is acting in his/her own best interests.

If you are a university student, contact your student legal aid clinic for advice. I wouldn't put it off, as there may be a time-limit regarding what can you can do. (For example, in some cases, you can cancel a contract up to five days after signing.) In the meantime, you can find some information here.

[cba123]

The outcome of this will depend a lot on the specific wording and form of the lease and whether you're dealing with one lease or eight separate leases. Is it truly what you call "a group lease" or is it several leases? In other words, has each person agreed to rent a room or one-eighth of the house OR has the group as a single entity agreed to rent the house?

+1

It depends on how the lease(s) were written. If you are renting a house (that was not converted into a rooming house), and based on the fact that you said all names were written on the top of the lease, I would assume it was probably a single lease for the entire house, and the lease probably had the standard "jointly and severally liable" clause. If this is the case, then each person named on the lease (who has already signed) is jointly liable for the full rent of the entire house. Anyone that doesn't sign the lease won't be bound by the lease, but those that did would be on the hook for the rent. (they may want to start looking for some room-mates...)

As is the case with students that are not yet financially responsible, I would be wary of having the utilities in my name, as that 1 person would be on the hook for the utilities (and any bad credit rating hit) if any one doesn't pay their fair share towards the utilities.

[Beeg]

This type of thing happens all the time with students moving to off-campus housing.

Can you find 5 other housemates?

[MitSl]

Well it was a single lease, with all our names on it, then this was photocopies and sent to all our parents for them , us and the landlord to sign at the bottom, it was with all utilities within the lease price.


Im going to speak to the landlord tomorrow, as my University student center told me that if its a group lease and not all signed it the lease would not be valid ( as it requires all 7 signatures)