Lease Contract question for lawyers

[JP Cobra]

Need some insight, google is giving me a variety of answers...

I have a contract for an apartment, have been living there and paying rent for 5 months. I never signed the contract for the apartment. My name was filled out, and the cosigner signed a guarantee form, but I never signed the lease where it would be 'executed'. Is this grounds for me terminating the lease at will? 30 days notice? Or do I have to fulfill the rest of the lease agreement for some reason.

Thanks
John

 

[FordSVTFan]

Need some insight, google is giving me a variety of answers...

I have a contract for an apartment, have been living there and paying rent for 5 months. I never signed the contract for the apartment. My name was filled out, and the cosigner signed a guarantee form, but I never signed the lease where it would be 'executed'. Is this grounds for me terminating the lease at will? 30 days notice? Or do I have to fulfill the rest of the lease agreement for some reason.

Thanks
John

In every state, if the lease is for 12 months or more it must be in writing, signed by the person to be charged (you). If you didnt sign the lease, it would depend on the state you live, but it is likely considered a month to month at that point. The tricky thing is how and when you must give notice. Again those details are state dependent.

The other thing is if you signed nothing, what exactly was signed? You may screw over your "co-signer."

This entire scenario is fact dependent.

 

[JP Cobra]

Hmm, ok well here's the facts I can give.

Lease was a 7 month lease, have fully fulfilled 5 of those. Contract is in Texas, what was signed was the 'Parental or Sponsor Guaranty'...The guarantor signed it, I do not know what else needed to be signed on that form, but there our blanks for other signatures (notary public??).

So far from the information I've found and what you seem to be aiming at, is that I have a month to month lease that I will have to give a 30 day notice for, does this sound correct in Texas?

 

[FordSVTFan]

Hmm, ok well here's the facts I can give.

Lease was a 7 month lease, have fully fulfilled 5 of those. Contract is in Texas, what was signed was the 'Parental or Sponsor Guaranty'...The guarantor signed it, I do not know what else needed to be signed on that form, but there our blanks for other signatures (notary public??).

So far from the information I've found and what you seem to be aiming at, is that I have a month to month lease that I will have to give a 30 day notice for, does this sound correct in Texas?

Yes. You must give 30 days notice, but that doesnt let you leave in the middle of a month. Therefore, if you give notice before the end of the month (your rent day), you must stay that month plus 30 days.

 

[RDJ]

sounds to me like you are setting up your co-signer for a court fight and an entry on their credit report. if you only have two months left on the lease suck it up stay the two months and then move out.