If we added a move-out clause that the landlord did not execute but the property manager approved, is our lease valid?
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If we added a move-out clause that the landlord did not execute but the property manager approved, is our lease valid?
We added 60 day move-out clause to lease if we were to locate home to purchase. Property manager gave a written OK but owner claims he never saw it or agreed to it. Owner says he will take legal action if we do not honor full 12 months of lease. Our position is that property manager is an agent for owner and thus gave binding approval. The other position we have is that if landlord did not execute the condition we put in the lease, then we don’t have a valid lease and default to month-to-month. Who is right?
Asked on August 20, 2011 Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Do you have a written agreement signed by the landlord's property manager agreeing to the sixty day move out provision regarding the unit you are renting? If so, then you have a sixty day move out because the property manager is the agent for the landlord and the agent has bound the principal.
If you do not have a sixty day written move out provision signed by the property manager as the presumed counter offer to the initial lease, is there any document signed by both you and the landlord and/or the property manager? If so, that is the document that controls your lease situation.
From what you have written, it seems that you have a sixty day move out provision in the lease by virtue of the property manager's agreement and signature to the written document.
Good luck.
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