Full question:
If I am given an unsigned lease and I hand write in an additional clause, sign the lease and return it to the landlord for their signature but the landlord does not return a signed copy to me, does a binding contract exist? Would it be considered an unaccepted offer? Does the answer change if I am already living in the premises and have payed rent? Thank you
- Category: Landlord Tenant
- Subcategory: Residential Lease
- Date:
- State: Florida
Answer:
The enforceability of the contract will depend on various facts and documents involved. For a contract to be valid, both parties must mutually agree to the terms, which is typically shown through signatures. If the landlord does not sign the lease, it may still be binding if they accept the terms in some way, such as by accepting rent payments. This acceptance could imply agreement to the new terms you added.
When you change the lease terms, it generally constitutes a new offer. The landlord's acceptance of the revised lease will depend on the circumstances, including whether they accepted rent after receiving the modified lease. A valid contract requires an offer, acceptance, and consideration (something of value exchanged). In rental situations, paying rent is the consideration for occupying the premises.
In summary, if the landlord accepts your changes by acting on the lease (like accepting rent), a binding contract may exist. If not, it may be seen as an unaccepted offer.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.