If a tenant wrote something on a lease but the landlord did not sign, can landlord void lease agreement

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1. Licensed in CA

   

   Andrew JacobsonPro

   Oakland Business Attorney

   Contributor Level 15

   

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   Answered May 24, 2012 16:50. Until there is an agreement by both sides, there really isn't an agreement yet. The tenant has made a counterproposal, that the landlord is free to accept or reject. If the landlord has already cashed the check, that could be construed as an acceptance.

   www.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal... morewww.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal advice, because it is only of a general nature. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here. less

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2. Licensed in CA

   

   Frank Chen

   San Marino Real Estate Attorney

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   Answered May 24, 2012 17:22. Yes. If there is no "meeting of the minds" as to the essential terms of the lease agreement, there is no enforceable contract in the first place. The tenant's writings would constitute an offer which the landlord did not and has not accepted.
   
   The landlord can return the deposit and the unsigned modified lease agreement to the tenant.

   Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... moreFrank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney. less

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   Renay Rodriguez

   Chatsworth Real Estate Attorney

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   Answered May 24, 2012 18:13. I agree with both esteemed counsel. But want to add one proviso and that is how long has it been between acceptance of the rent and deposit. Its a very slim argument but I could see some hungry attorney trying to argue detrimental reliance if you don't inform the prospective tenant right away. I don't think ultimately they could win that argument, but the quicker you reject those provisions and return the rent and deposit the better off you will be. But until you hand them a key there is no agreement.

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