I am renting an apartment with my fiance. I am in Brasil and received the edocusign lease to sign and send it electronically.
My fiance signed it without reading, but I always read contracts to make sure I will have some protection.
Well. Both our names are on the lease he signed it and pit his initials, i do not agree with many things that have been written there, and lack of information discussed previously.
For example, Right of entry. The landlord wants to be able to enter the apartment without previously communicating us. If it is not a very serious emergency, I do not agree bec I have the right of privacy.
Anyway, what will happen if the landlords does not agree to make changes because my fain e already signed it? i do not want to sign it because most of what is written protects the landlord but not us. I want to at least be able to negotiate what is written there.
If I do not sign will the landlord have the right to sue me or will the contract be canceled at not fault of my own? What happens to my fiance that signed the contract? If I do not sign will his part of the deal be over as well?
How does this work?
If the contract requires two tenant signatures, I would argue that it is not binding unless both have signed. So you should take up your issues with the landlord and see if the lease will be amended. If there is no agreement, what will likely happen is that the deal will be off and the landlord will move on to someone else. I do not believe there would be, or could be, a basis for a successful lawsuit. However, of course, a landlord may have a different opinion if he loses a month's rent because of all of this, and still could sue. Just because he may have a weak or non-existent case does not mean he still won't try. Then you'll need an attorney.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
It's tough to offer an opinion on a document without reading the document. But generally, unless you signed the contract, you can not be held to it.
Best bet, contact the landlord and try to work something out.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
Even if the landlord does not change the language, landlord's often include clauses that are illegal or unenforceable. An unlimited right to entry without prior communication is such a clause. MGL. Ch. 186 section 15B gives the reasons a landlord can enter the apartment.
"Section 15B. (1) (a) No lease relating to residential real property shall contain a provision that a lessor may, except to inspect the premises, to make repairs thereto or to show the same to a prospective tenant, purchaser, mortgagee or its agents, enter the premises before the termination date of such lease. "
The only exceptions are: 1) a court order; 2) if abandoned; 3) inspection for security deposit damages within the last 30 days of the lease or after giving notice.
If you want to negotiate the terms, you should point out the clause is illegal and not enforceable anyways,
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
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