Difference between "Leasing Process" and "Leasing Contract"? Please help me?
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I have a trouble with a leasing office of an apartment. I only agreed to sign on the application but the office says the have combined the application and the leasing contract so I signed on the leasing process too (according to them). However, I never agreed to sign the final leasing CONTRACT. Here, what's the difference between leasing process and leasing contract? I'm attaching the content of letters I've been sending and receiving with the leasing office. Me: Dear xxxxx I am writing this letter regarding the lease of [xxxxxxxxxxxxx] which starts on August 3rd. There was no contract signed in the lease agreement to begin with. I only signed the application/lease process and paid the application fee, not the lease contract. It usually takes 3 to 7 days to for the landlord to do a credit and background check then a lease contract is drafted. I called in and notified your office within 44 hours that I wanted to cancel my application. The landlord said the application and the contract are combined; this is just unheard of. Besides, there were no contract terms and lease for me to review. There was no mutual agreement on this lease of any kind. a. No original of the contract with terms and condition were given to the future tenant b. No deposit left with the landlord I only agreed to pay $99 at time of signature and I knew the land lord requires $300 as a deposit for two bed room apartment. The manager of the leasing office said my situation is a special case that I am considered to be the one who left the deposit already. However, this was not explained to me at the time of signature. Therefore, I neither agreed to leave the deposit nor sign on the contract. The manager asking us to pay one year worth of lease without lease contract signing seems almost a fraud. We will take legal action if you keep forcing us the pay the 12 month worth of lease. Again, in this contract, a meeting of the minds did not take place. Due to unforeseen circumstances, I will not need the apartment that is located at [xxxxxxxx] so please cancel the application. Best Regards, XXXXXX The office: Dear xxxxx, Not only did you sign the contract but I have four witnesses who watched you go through the lease process. I am sorry that you changed your mind but as I said on the phone, the cancellation of this contract is not negotiable and the contract is fully enforcable. We do need more than a hour to complete a lease. To clarify we often take applications and sign leases in one visit. I do not think there was a mutual agreement that "Application and Leasing PROCESS" combined specifies the "Leasing CONTRACT". They say they "often" do everything at once by one visit. No, I did not want to finish everything by one visit. Can someone help me with this issue? Any comments are very very appreciated.
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Answer:
It was your responsibility to read what you signed. If what you signed was indeed a CONTRACT then it IS legally binding whether you bothered to read & understand it or not. It may not seem fair but landlords are not going to hold your hand & make sure you read & understand every thing before you sign it. You should have read what you signing & told them you did not want to do everything right then. The lease was legally binding the minute you signed it. They have every legal right to hold you to it. It does not legally matter if you have not moved in. They can legally charge you rent through the entire lease or until the unit is re-rented. It may not seem fair but you have no law on your side here.
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