What would happen if I did not sign the lease agreement?

By Tenant

When a lease agreement was not signed, then that means you are not legally bound to fulfill anything. But does that also mean that you will not get the same rights as the other tenants who did sign the lease? And in case you move out, how will you do that legally?

From a lot of reading and researching, I have come to understand that a verbal agreement would also be as valid as a written contract. This means you will still be covered by the tenant laws that your state has in place. Hence, you can still request for repairs, if they are in order. But without a lease agreement, how would you establish tenancy?



  1. Be sure that the utility bills are under your name.  This way, you will have proof that you have been a tenant in a certain apartment for a specific length of time, should your new landlord need a previous landlord’s recommendation.
  2. If the security deposit has been paid, make sure that your landlord gives you a receipt.  The reason for this is that you want to have something in writing that you could refer back to when it comes time to move out.  It is easy for your landlord to deny the receipt of a security deposit if there was no proof ever given to you.
  3. Make sure to document everything.  Take pictures of the house or the apartment when you moved in.  If there are things that need to be repaired, take pictures of those too.  Upon moving out, take a pictures of the apartment and a signed document from your landlord that a walk through was done. The signed document should include a list of all damages noted.  This would make it easier to resolve disputes in security deposit later on.
  4. When it comes time to move, always write a notice to your landlord. The amount of time needed will depend on your state, the notice to move could be 30 to 90 days.  You should follow the timeframe required by your state.

If you have complaints against your landlord, then voicing them out remains to be your basic right as a tenant.  The RPA has a complaint section that you can use.  All you have to do is to fill out the form found in this link http://www.rentalprotectionagency.com/complaint_center.php.

Edited on: Monday, February 18th, 2013 9:41 pm

10 Responses to “What would happen if I did not sign the lease agreement?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Anonymous

February 18th, 2013 10:00 pm

Right. I rent an apartment without any lease agreement signed. But I still get to call my landlord when repairs are in order and they still come and do the repair. For me, as long as the money is paid, your landlord should be happy to help. :)


Anonymous

February 19th, 2013 5:20 am

I think this usually happens when you are just an authorized tenant. You get the freedom to quit whenever you want to, without having to pay early termination fees and your rent cannot be increased, without a new lease agreement signed. But for the renter who is listed on the lease, this can be a disaster. Someone who’s not on the lease could just pack up their bags and go. Not a very good situation to get stuck with.


Anonymous

February 19th, 2013 12:40 pm

I totally agree with the part that reminds us to always give the right amount of notice before moving out. It doesn?t matter if you are on a lease or not, a tenant or a sublet, always give that notice. If worse comes to worst and you get sued in court, a 30-day notice might save you.


Anonymous

February 19th, 2013 9:20 pm

Okay. This is totally different from going over the rental application process, took a room and was given a lease agtreement that you never signed. Not singing the lease and then disputing its existence later on will only get you into trouble soon.


Anonymous

February 20th, 2013 4:40 am

I am a landlord and I’ve had an experience with a tenant who said that there was no lease agreement signed so they moved out and when rent was not paid. I turned them over to collections and guess what, they sued me. So the case was heard and the judge scolded them by telling them that a confirmation and proof that an agreement existed can be traced to the fact that they moved in, paid rent, and lived in the apartment.


Anonymous

February 20th, 2013 12:00 pm

It’s terrible thing that a tenant would try to use every trick possible just to wiggle out of a lease. I just think it’s very unfair on the part of the landlord. Lease or no lease, you lived there and you paid rent so grow up and return the favor to your landlord.


Anonymous

February 20th, 2013 7:20 pm

Even without a written agreement, the law still recognizes any verbal agreement reached between two contracting parties. This is, of course, provided that there is enough proof of their agreement. When renting, there is no problem getting this proof. There are receipts for your monthly rent, utility bills, mails, etc. So if you get out, there would still be a breach of contract.


Anonymous

February 21st, 2013 2:40 am

There are some states that even allow a tenant at will to only provide a 14-day notice to vacate. You are a tenant at will if you are occupying a property but without a lease agreement in place.


Anonymous

February 21st, 2013 10:00 am

I think the relationship only goes sour if one of the party does something to make the other angry. Examples would be not paying rent, destruction of property, etc. So as long as both parties do their parts right, everything should fall into place.


Anonymous

February 21st, 2013 5:20 pm

I love the article. Short, but very informative. Thank you.


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