Do I have to accept a new lease agreement if my checks for the old amount have been cashed?
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Do I have to accept a new lease agreement if my checks for the old amount have been cashed?
I am a business owner who leases office space. The assistant to the owner of the building sent me a new lease agreement with terms that stated no change in the monthly lease amount. I signed and returned the lease. The owner of the building gave me a new lease with a $50 per month increase stating that the first lease renewal was wrong. The new lease began last month. I have paid the monthly lease amounts for last and this month by check, and both checks were cashed for the “no change” lease amount. Do I have to accept the new lease agreement?
Asked on October 3, 2011 under Real Estate Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Humm. What a pickle - for the owner. The issue is going to be if the assistant had the right to bind the landlord on the new lease agreement. Did the assistant sign the new lease on behalf of the owner? That is a concern here because if the new lease agreement was not executed by the owner or the assistant on behalf of - as agent of - the owner then the lease may not be valid. If that is the case then you have the right to assume that you are a month to month tenancy at the same lease amount until such time as a new and valid lease has been executed. Good luck to you.
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