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Does this count as a lease?

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What is the name of your state (only U.S. law)? OR

I am leasing part of a large industrial building. When I moved in, in August, the landlord and I both agreed verbally that we would be signing a 1 year lease. The landlord never wrote the lease up. The next month when our first payment was due, he hand wrote me a receipt that said something to the effect of "will sign 1 year lease after it is drafted". Signed by the landlord.

Still waiting for the landlord to come up with that lease. Does that receipt he wrote hold any water one way or the other? Does it count as a lease until a better one can be written?
 


Zigner

Senior Member, Non-Attorney
Nope, that's a note saying that you intend to sign a lease. Heck, it's clear from that note that you do NOT have a lease.
 

sandyclaus

Senior Member
No, you do not have a lease until there is actually something IN WRITING.

If you want out, now would be the time to do it.

If you are looking for consistency in rent and other terms, unless/until the LL gives you notice otherwise, those aren't going to change.

Of course, without a lease IN WRITING, it also means you are an at-will tenant, and LL can end the lease with short notice as well. Perhaps they are waiting to see who blinks first, or to see if they really WANT to sign a long-term lease commitment with you.

(Posting hx, folks...)
 

FarmerJ

Senior Member
ltns MD , yeah if you are getting bad feel then its time to look for new place because even with that note since this is for commerical space the LL is free to come up with what ever they want in the lease when they finally do write one up. ( I would suggest not getting too comfortable in the new space as far as spending goes until you do have a written lease)
 

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