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Do I have a valid commercial lease or not?

Boca Raton, FL |

I signed the lease & mailed it off w/a check for 1st month & security on 3/31 to the agent listing the property located in Orlando, FL. I emailed him copies of the checks & the signed lease to expedite the process. He told me they had a rep in the area that would be available to give me the keys on Tues 4/3, on 4/6 he emailed me saying that the person auth'd to sign the lease was away @ a conference & he is uncertain when they will be able to rtn a signed lease to us. They have not deposited the checks. I have incurred expenses related to deliveries that I had arranged based on having the keys on 4/3. What can I do? Thank you!

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Attorney answers 2

Posted

Your lease is not valid until it is signed by both the landlord and the tenant. If the lease is for more than one year, there must be two witnesses to the signatures. Until the lease is properly executed, you do not have any rights to use the property nor do you have any action against the landlord for damages. You are stuck waiting for the landlord to sign the lease. if you are unsure of your rights or responsibilities, you should consult an experienced real estate lawyer in your area.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

Asker

Posted

Thank you for your response. How long am I obligated to wait?

Posted

Next time, it may be best for you to sign lease in person, have it countersigned and pick up keys at one time. At this point, as Counsel mentioned, you are stuck at the time frame of the landlord. In terms of enforcement of the lease without both parties signing, the fact that they have not endorsed your check is not helping your situation. Caution: if your landlord has not been organized and followed from the inception, you may want to think this relationship over.

DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

Asker

Posted

Next time, next time . . . . I agree 100% I am in Boca Raton & they are in Orlando some 300 miles away. The lease states the following: LANDLORD'S ACCEPTANCE The submission of the lease to tenant by landlord is done solely for tenant's consideration and shall not be deemed acceptance of the lease terms by landlord. upon signing of the lease by tenant and submission to landlord, this lease shall be considered an offer only and shall have no binding effect, nor shall landlord's depositing of tenant's security deposit be considered acceptance of this lease. Only upon full agreement by both parties of all terms, proper execution of this lease by tenant and landlord, along w/tenant's security deposit clearing the bank and the return to tenant of an executed original lease, shall this lease be considered binding. According to this my signing is lease is just an offer & has no binding effect. This place was advertised for rent, I liked it, I moved forward w/renting it in good faith I cannot wait indefinitely for them to decide to sign the lease. It is two weeks & I still do not have an executed lease. If the security check is unable to clear the bank the lease could not be executed & considered binding according to what it says above, correct? Thank you!

Nishat Azam

Nishat Azam

Posted

That is correct- for the lease to be binding, both parties have to sign, your deposit clear on their account and while the language states fully executed lease being sent to you, in reality- both signatures/proper execution and clearing of funds should suffice for a contract to be formed. If you are no longer interested, look over the provision of revocation under the contract to revoke your offer.

Asker

Posted

Thank you all for your comments. I consulted an attorney, he advised that I could put a stop payment on the checks & inform them by means of certified mail that I was rescinding my "offer" since it had yet not been accepted.