My daughter and her friends signed a lease and emailed it to landlord yesterday and then got an offer for another apartment which they like the best just after that. They immediately called the landlord and want to withdraw the signed lease (I am sure the landlord haven't signed the lease yet since they ask pay 2 months security and first month starting at Aug 1 when sign but the girls haven't paid anything yet), at the phone call, the landlord agree. But then the girls emailed the landlord to confirm the phone conversation. The landlord emailed back said they won't release them until they found replacement. Is the landlord right? I think there is no contract because the landlord not signed the lease and give the girls a copy yet. Before that, the girls should have a choice since the landlord have the choice to pick other applicants. Thanks!
The leasing agent probably cannot decide to let your daughter off the lease because the standard procedure of the company probably requires "finding the replacement".
In another word, bureaucracy ties the agent hands.
我就想知道，from legal point, is this a binding contract or not?
My understanding is a binding contract should signed by both parties. One party signed, another party does not signed yet, is it legal to withdraw the lease?
所以email confirm but landlord changed their mind. But so far, the landlords haven't emailed them their signed lease. I don't think they will email them signed lease since no deposit yet.
No, if you offered a lease to landlord, probably there is a
No, if you offered a lease to landlord, probaly there is a deadline. If your offer is unconditioanl, before the deadline, if the landlord accepted your lease, it is binding contract. But until the deadline, if your daught did not receive the copy of this landlord accepted lease agreement, the offer expireed. No worries!
星期四签字，emailed to landlord, a few hours later call landlord to withdraw. Just now, after my daughter emailed him saying "we don't have binding contract since you did not sign and give us a copy". He emailed back signed lease with he date his signature at 星期四 and threatened lawsuits. He said he lost two sets of tenants because of my daughter's group. But only a few hours!
I am now support her walk away now since I think the landlord is not nice at all.
My daughter and her friends signed a lease and emailed it to landlord yesterday and then got an offer for another apartment which they like the best just after that. They immediately called the landlord and want to withdraw the signed lease (I am sure the landlord haven't signed the lease yet since they ask pay 2 months security and first month starting at Aug 1 when sign but the girls haven't paid anything yet), at the phone call, the landlord agree. But then the girls emailed the landlord to confirm the phone conversation. The landlord emailed back said they won't release them until they found replacement. Is the landlord right? I think there is no contract because the landlord not signed the lease and give the girls a copy yet. Before that, the girls should have a choice since the landlord have the choice to pick other applicants. Thanks!
The same way, if the tenant has not paid rent or deposit, the landlord can cancel the lease.
If the landlord sue your daughter in court, they have to show that they cannot find replacement in 3 months. That's almost impossible to prove.
Stop worrying about it.
The leasing agent probably cannot decide to let your daughter off the lease because the standard procedure of the company probably requires "finding the replacement".
In another word, bureaucracy ties the agent hands.
But the landlords act like they will follow the girls if they can't find the replacement.
and they could sue for performance, but who would bother.
Holding Deposit，landlord就不会退回了。看来这个landlord是没要holding deposit, 又把别人拒了或者也还没找到更合适的，但不管怎样说，是浪费了一些时间和精力，所以他在试探你女儿的反应。
送达给对方with both signatures on there.
理论上有合同，事实上没有定金，unenforceable
They call immediately the same day. They agreed on the phone then changed their mind later.
Without paid as they asked before they withdraw the lease?
只要你有在你接到所有人都签字的合同前，书面通知了取消合同就没有合同了。
My understanding is a binding contract should signed by both parties. One party signed, another party does not signed yet, is it legal to withdraw the lease?
I mean because girls withdraw?
当时要退约，而房东同意这段话用发信息或电邮，留下书面证据的话就好办得多了。
下学期最后一年，想体验一下出去租房。看来还要好好学习。她们做决定太快。
所以email confirm but landlord changed their mind. But so far, the landlords haven't emailed them their signed lease. I don't think they will email them signed lease since no deposit yet.
No, if you offered a lease to landlord, probaly there is a deadline. If your offer is unconditioanl, before the deadline, if the landlord accepted your lease, it is binding contract. But until the deadline, if your daught did not receive the copy of this landlord accepted lease agreement, the offer expireed. No worries!
But not all landlords like me. Also don't want them get in trouble for their first rental. Thank you!
星期四签字，emailed to landlord, a few hours later call landlord to withdraw. Just now, after my daughter emailed him saying "we don't have binding contract since you did not sign and give us a copy". He emailed back signed lease with he date his signature at 星期四 and threatened lawsuits. He said he lost two sets of tenants because of my daughter's group. But only a few hours!
I am now support her walk away now since I think the landlord is not nice at all.