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:
It will be a matter for the court to determine the enforcability of the contract, based on all the facts and documents involved. Two important requirements for a contract to be valid are the parties' mutual assent and acceptance of the contract by both the parties. A contract requires a knowing acceptance of the terms it contains. Typically, acceptance is made by the parties signing the contract. The parties' signature on the contract is only a proof of the fact that the parties have mutually assented to the terms stated in the contract and that the terms are acceptable to them. Even if one of the parties has not signed the contract, the contract will be valid and binding upon such party if he accepts it and if both the parties act in reliance on it as a valid contract. Therefore, acceptance of rent might be considered acceptance of an offer. If acceptance is lacking, a valid contract cannot be formed. A party may not unilaterally change the terms of a contract without the acceptance of the other party to the contract.
Generally, if a person writes terms into a contract which are inconsistent with the original terms, it's considered a new offer and whether acceptance was made by the landlord will depend on the circumstances involved. For example, acceptance of rent after the changed lease was returned may be considered acceptance of the new lease terms.
A contract must have certain basic elements, such as an offer, acceptance, and consideration. Acceptance of an offer is the expression of assent to its terms. Acceptance must generally be made in the manner specified by the offer. If no manner of acceptance is specified by the offer, then acceptance may be made in a manner that is reasonable under the circumstances. An acceptance is only valid, however, if the offeree knows of the offer, the offeree manifests an intention to accept, and the acceptance is expressed as an unequivocal and unconditional agreement to the terms of the offer.
Many offers specify the method of acceptance, whether it be oral or written, by phone or in person, by handshake or by ceremony. Other offers leave open the method of acceptance, allowing the offeree to accept in a reasonable manner. Most consumer transactions fall into this category, as when a shopper "accepts" a merchant's offer by taking possession of a particular good and paying for it at the cash register. But what constitutes a "reasonable" acceptance will vary according to the contract.
Each party to a contract must provide something of value that induces the other to enter the agreement. The law calls this exchange of values "consideration." The value exchanged need not consist of currency. Instead, it may consist of a promise to perform an act that one is not legally required to do or a promise to refrain from an act that one is legally entitled to do. In a renrtal situation, payment of rent is the consideration in return for occupancy of the premises.
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.
