Hi there. I recently moved into an apartment after moving from out of state. The apartment happens to be in a very bad neighborhood. I looked over a copy of my lease, and it turns out I never signed it. I inititaled several parts of it such as subletting info., notice to vacate, alterations, etc. But the very last page of the lease I never signed. It was a fluke, but my landlord did not even notice. I did not notice until later after I received a copy. I did pay a $1000 deposit. I did sign addendums to the lease such as a "drug free housing" addendum, and a Transferee (Lessee) Awareness Notice, an Alaska Real Estate Commission Consumer Pamphlet, and a Disclosure of Information Regarding lead-based paint. However, the lease itself, was never signed. Would I be able to legally leave the property without any fees if I gave my landlord proper notice (30 days)?
Simple answer is no, you may not terminate the lease under these facts. You have performed on the contract, as has the landlord. This can take the place of a simple signature. You best bet is to seek an amenable solution and an agreement to terminate the lease, if the landlord is willing. Otherwise, you have to wait for a true, material breach of the lease in order to terminate the contract.
This answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations. This communication does not create an attorney-client relationship, and no part of this communication is confidential or privileged in any way.
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