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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
Fill out the lease amendment stipulating the name change, or fill out the new lease if necessary. If you fill out a new lease, you must also sign an agreement with the other parties stipulating the mutually agreed termination of the old lease. Have all parties sign the new documentation to legally execute it.
In addition to the basic conditions, leases that require tenants to waive their rights to their security deposit or to sue the landlord are considered invalid and unenforceable. Leases also must not contain language that absolves the landlord from their obligation to keep the property safe and habitable.
The Statute of Frauds in California requires that a lease for more than a year must be in writing. Consequently, an oral agreement for a rental period of a year or less is still valid where the parties intended to create such a lease. The failure to contain other elements does not cause the lease to be invalid.
What makes a lease a legally binding contract? To be enforceable, a contract must meet certain legal criteria (i.e. it must have an offer, acceptance, and consideration. each of these terms has a specific legal definition).
The dates in a signed lease agreement can't be wrong unless both parties believe they are wrong. If only one party believes the dates are wrong then they are not wrong, they are disputed. If they don't agree, then it is possible that the lease isn't valid, since dates are a necessary part of any valid lease agreement.
A tenancy agreement is just like any other contract, so as soon as both the tenants and landlord have signed the agreement, it becomes a legally binding contract. The contract will usually specify the move in date for the tenants and the date when the first rental payment is due.
A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.
The Unfair Terms in Consumer Contracts Regulations make any clause which is 'unfair' null and void in a court of law. So if a term or condition of the tenancy agreement is giving either party less than their statutory rights, then it can't be enforced and it won't hold up in a court of law.
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