Is a lease legally binding if all blanks are not filled in and the landlord didn’t sign the original copy?

UPDATED: Aug 22, 2012

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Is a lease legally binding if all blanks are not filled in and the landlord didn’t sign the original copy?

My landlord didn’t fill out my lease, nor did they sign it. When I gave 10 day notice that I was moving they said I couldn’t get my deposit back because I didn’t give 30 day notice.

Asked on August 22, 2012 under Real Estate Law, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not the written lease that you have written about is binding depends upon what it states and does not state and what is signed. As such, you should consult with a landlord tenant attorney to review it to give you some opinion with respect to it. Under the laws of all states in this country, at least thirty (30) days written notice is necessary to give good notice under the law that the lease will be terminated.

At minimum, it seems that you had an oral month-to-month lease for the unit you occupied.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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