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Does "mailbox rule" apply in commercial lease. I never received my signed copy. Is this lease considered executed

Mountain View, CA |

Provisions;
"Tenant understands that this Lease or Offer to Lease is not binding until both parties have signed and executed two original copies of the Lease"

No Option. "The submission of this Lease for examination does not constitute a reservation of or option for the Premises, and this Lease shall become effective as a lease only upon execution and delivery thereof by both Landlord and Tenant"

Attorney Answers 4


  1. "Tenant understands that this Lease or Offer to Lease is not binding until both parties have signed and executed two original copies of the Lease" If you signed two copies and provided those to the landlord, the second those are signed it is binding. These clauses do not condition the contract on the tenant receiving a signed copy.

    This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.


  2. Attorney Morillo is correct. As long as both parties have signed and executed two original copies of the Lease, the lease is binding. You do not need to be given a copy of the lease for it to be effective. However, I would contact the other party to the agreement and request a copy. Good luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. Once both sides sign it, it is binding. If you want a copy, call and ask for one. The mailbox rule really has no application here.


  4. Commercial leases are often very lengthy and complicated. Without an attorney to have the opportunity to carefully review the entire lease it is very difficult to give advice based upon in essence what is nothing other than the legal opinion of the person presenting the question. From the limited facts if the contract says it must be delivered and it was not delivered then it does not sound as if the terms and conditions of the contract have been met.

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