Can a teneant get copy of a lease agreement after the landlord decided to cancel it as tenants didn't give cred rep+1st ren

We wrote an agreement in tenants presence, we didn't hand over the agreement as they didn't present any of their legal papers like credit report/ SSN/Drivers lic, so we both agreed to hand over the agreement when they give us the details, we thought they were genuine people and handed over the key as we live 200 miles away,They were planning to move in once we give the agreement.however they didn't give any of their details or didn't pay the rent as agreed. ,So we said we couldn't give the house to them as they didn't keep their words, and asked us to give the keys, they did give the keys next day. now they say they need the agreement , He has a threatening voice now, it has our current address and also we are not sure if he can encroach, can you advice?
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Answers (2)

Glenn M. Lyon

Glenn M. Lyon Avvo Pro

Contributor Level 6
Whether the tenant (or the landlord) has physical possession is irrelevant to whether the agreement is enforceable. If their tenancy is contingent on the credit report, SSN, etc., then you do not have to allow them access to the property. However, if a lease agreement has been reached, you would have to allow them access. I'm not sure what your question is.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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Brian E. Daughdrill

Brian E. Daughdrill

Contributor Level 5
The enforceabilitty of the lease is not determined by whether it has been "handed over." I cannot tell from your posting whether the tenant executed the lease (or even whether you did or simply wrote out the terms). The failure to provide the credit report, ssn and driver's license is relevant only if it is IN the lease that they must provide these in order to effectuate a lease. If it is simply background material and not required by the lease, AND they and you executed the lease, then there is a lease agreement. You and they may have waived performance, depending on how much time has elapsed and actions you have taken. I am not sure how you are using the term encroach, but they do not have the right to "threaten" you (if by threat you mean violence). If they are threatening to take you to court over the matter, you may want to consult with an attorney about whether the lease is enforceable because the measure of damages would be the difference in the cost to "replace" the rental with another of comparable value (i.e. if yours rents for 1500 a month and they find a comparable house (and the court can be pretty loose about "comparable" for 2000 a month, they could ask for 500X12 months on a one year lease term.

Nothing in this posting may be deemed to create an attorney client relationship. If you wish to discuss the particulars of your case in confidence and to formally enter into an attorney client relationship, please contact me in private.
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