Landlord stalling on signing early termination agreement
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[{"id": "gwcrad1", "text": "I've read that emails and text messages can be binding. But NAL and there may be a situation where they aren't.", "replies": [{"id": "gwcrhkf", "text": "Right, I think so... my lawyer said that if this email is in writing he's not concerned, but that was also nearly a month ago and the fact it's stalled this long is beginning to worry me.", "replies": [], "depth": 2}, {"id": "gwd8w8y", "text": "A simple text is binding in the courts. I hardly ever write addendums to my residential leases. Text it in a professional manner. Have them text back agreeing the same way. Archive the screenshot so you never lose it.", "replies": [{"id": "gwdv8li", "text": "it depends on the State you are in. In California there have been different opinions on this...sometimes it was binding other times not. For this reason, I email myself texts to put them in an \"official\" record that the Courts have interpreted to be more binding.", "replies": [], "depth": 3}, {"id": "gwfb3il", "text": "&gt;A simple text is binding in the courts.\n\nNo, text messages are NOT always admissible in court as evidence.  I am in LNT litigation regularly for the last ten years.  Courts do not place much weight on text messages, as they can easily be faked.\n\nEmails and notices sent via certified mail are the best documents.", "replies": [{"id": "gwfbzff", "text": "I\u2019m Ohio. I guess I should have said that. They hold up in eviction court.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gwcs1yh", "text": "I would guess that the LL is waiting for a a prospect to back fill the space and that process is moving slowly so he is dragging his feet with you.  My advice would be to sty current.", "replies": [{"id": "gwcsedl", "text": "To continue paying rent? well I was only saving 2 months rent, so at this point the early termination would basically be pointless if I stayed current. \n\nThe realtors email saying that this is agreed to would not be binding? I specifically asked if it was agreed to, because if not I need to start looking for a subletting. Surely that would be some grounds for fraud if he gave me assurances while I was still liable", "replies": [{"id": "gwd1e17", "text": "I wouldn\u2019t count on anything that isn\u2019t signed by both parties.   He may well have changed his mind right before he signed in which case the deal isn\u2019t binding.  Completely stinks for you, but I don\u2019t think there is any other way to look at it.  You may be able to pay April and then amend the deal so that April rent counts as part of your termination fee.", "replies": [{"id": "gwdiw9z", "text": "I don't think this is accurate. OP has heard from the agent in writing that the landlord has accepted the offer. OP relied on this statement from the agent to lease a new space.\n\nThe LL will not want to got to court with his own agent over playing games like this.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gwcv6j4", "text": "I\u2019m a broker, and have one owner who is the absolute worst about executing documents. He\u2019ll drag his feet until I start really pestering him over and over, ESPECIALLY on stuff like this that doesn\u2019t feel pressing for him to sign. \n\nI\u2019m not saying this is necessarily the case, but based off of what you are being told, it very well could be. I imagine all the communication you have would be all you\u2019d need if they suddenly pushed back, but that\u2019s a question for an attorney.", "replies": [{"id": "gwcvy0d", "text": "lol this is def what I think is most likely going on, but its also why I don't want to involve an attorney and try to write threatening emails to them... I feel like the agreement was more of a courtesy and it's not really worth a legal battle. \n\nSo, other than spending $$$ on a lawyer, what would your unofficial advice be. Do I send in the payment anyway and say \"I consider our agreement to now be executed\", or keep witholding payment until I get the doc back?", "replies": [{"id": "gwcxvwi", "text": "As long as you are being told in writing that you are not responsible for it, I would probably just wait until they get it back to you or turn on you before getting an attorney involved.\n\nIf the late fees are that big, you could also reach out with something like \u201cto avoid any misunderstanding or late fees, I would like to pay this month\u2019s rent and deduct it from the termination payment\u201d, and get an email ok on that before making the payment.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gwcz11d", "text": "First off, I am NOT an attorney.  I\u2019m an asset manager who often negotiates terminations. The laws in each state vary on what is and what isn\u2019t binding in terms of amending a contract. If a friend in my state with the same fact pattern as yours asked me for advice, I would tell him/her there\u2019s not much jeopardy here.  You agreed to pay four of the remaining six months.  You\u2019ve already vacated the premises, so and FED is not an issue for you. So, the only real potential issue is the last two months. I would tell my friend to remit payment of the termination fee and write \u201ctermination fee in full settlement of the lease contract\u201d on the check and send it with a cover letter that states the enclosed check is the termination fee/full settlement of the lease contract per your prior agreement  is email dated (the date of the email) and that you expect the fully-executed termination agreement to be sent to (your address) once the landlord signs it.  If, for some reason, the landlord tries to renege and goes hard (and I\u2019m not suggesting that\u2019s the case here - they may legitimately be delayed in getting it back to you), then you can either pay the last two months or wait to see if they actually try to file a suit for damages (i.e. the last two months).", "replies": [{"id": "gwd5nws", "text": "great advice.", "replies": [], "depth": 2}], "depth": 1}, {"id": "gwdh2m1", "text": "Pay the termination fee asap. In the memo field, quote 'early termination fee'.\n\nNot a lawyer. This is quasi legal advice and is more practical advise given your stated facts.\n\nI'm probably going to get downvoted for this but I don't care. People are going to say the check can be returned to you, even after it is cashed, and that's true, they might, but they might not. Two reasons to do it though.\n\nNo. 1.. when they deposit the check, you can claim the deposit is an acceptance of the termination agreement, they likely will not return it without your request. Once it is deposited, you can claim that consideration was taken in exchange for termination, the LL can claim a clerical error, however you can argue deposit of the money to be an acceptance of the amended lease (principle of estoppel). If you end up in court, this becomes 'extra ammo' that is over and above your email record.\n\nNo. 2.. you need to fulfill the terms of the totally valid contract that you have, otherwise they can claim you failed to meet the terms of the renegotiated contract.\n\nEdit: consideration", "replies": [{"id": "gwe05m9", "text": "This is really good (non legal) advice.", "replies": [{"id": "gwecsp0", "text": "Thanks", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gwdhy9h", "text": "The only potential issue is that the landlord claims he didn't approve, and or that the agent wasn't authorized to approve.\n\nIf this is the case, and their is a demand letter to pay the extra two months rent, you sue the landlord's agent for two months rent.\n\nFYI, this won't happen because the agent  likely has notes or paper trail to protect them. I'm pretty sure you are good here.", "replies": [{"id": "gwedfpf", "text": "I'm basing the above on the agent saying that \"the landlord has approved but hasn't signed\" this is a precarious position that the agent has placed themself in. They must have a lot of trust in the landlord.", "replies": [], "depth": 2}], "depth": 1}, {"id": "gwdu1m4", "text": "You should be dealing directly with the LL.", "replies": [], "depth": 1}, {"id": "gwdv3lm", "text": "Many times in commercial transactions, we are comfortable with an email being a binding agreement (this is NOT legal advice and I am not an attorney). I think you receive the payment notifications because you were probably setup and they are automatic until your lease expiration date.", "replies": [], "depth": 1}, {"id": "gweawma", "text": "Get the executed termination contract before paying anything. Period.", "replies": [], "depth": 1}, {"id": "gwfbh6x", "text": "If the Landlord has yet to sign the agreement, it is not an agreement.  Does not matter what the \"realtor\" says.  The \"realtor\" has no legal relationship with you or the Landlord, and cannot represent the Landlord in relation to the lease.  You need to send notices via certified mail to the Landlord detailing the agreement you had in email, then requesting the agreement be signed. \n\nThe whole \"He hasn't gotten around to it\" or whatever are lies.  I manage over 80 properties in the DC area.  My signature takes five seconds.", "replies": [], "depth": 1}]