How to get a name removed from lease where signer is not a tenant?
My fiance got himself in a bad situation trying to help a couple he knows rent a house. He spoke with a Landlord he was acquainted with on their behalf. The Landlord verbally agreed to rent the house on a month to month basis and they moved in. Three weeks later my fiance visits and they are surprised by the Landlord with a Lease to sign. The Landlord threatens eviction if all 3 parties do not sign. He knew my fiance was not a Tenant, but insisted he sign because he knew him and not the new Tenants. My intimidated fiance signs to avoid his friends’ eviction. No one is provided a copy of the lease. Now the Landlord constantly harasses them all to collect his rent even before it’s due. Is it legal to surprise Tenants with a lease 3 weeks after moving in? What can my fiance do to get his name removed and avoid further liability? Is it legal to force someone to sign a lease knowing one signer was not to be a Tenant, and then not provide anyone with a copy of it? Do they have grounds for a harassment/fraud lawsuit against the Landlord? Please advise about this rental nightmare. Thank you.
Re: How to get a name removed from lease where signer is not a tenant?
Well, this is a complicated mess. Any time you
are asked to sign a contract, it is a very
serious matter. Generally speaking, I would say
that in 99% of the cases if you have signed the
lease, you are responsible for the lease.
Here, however, you have quite a strange and
unusual situation.
In order for a contract (or lease) to be binding
there must be a mutual exchange of promises,
what the law calls “consideration.” It means
that a contract is a two-way street, not a one-
way promise from only one side to the other.
Here, if your fiance is not living in the property, and the landlord knew it (which he will
probably deny), then your finace is getting
nothing from the deal. Therefore, the lease is
not enforceable with respect to your fiance.
However, it is possible for the “consideration”
(two way street) to be that your fiance wants
the landlord to extend credit to the tenants.
So the promise CAN be BINDING if the purpose is
to help the tenants move in.
Trouble is… The tenants had ALREADY moved in.
The landlord had already agreed. Therefore, it
cannot be said that your fiance signed and made
a promise to allow the tenants to rent the
property. They were already renting the property.
It could also be said that your finance signed
to promise to pay to stop an eviction. However,
for a month to month lease, ASSUMING they paid
the full amount due up until then, they could
NOT be in default after only 3 weeks. So the
landlord had no legal right to evict the tenants.
THerefore, again, your fiance’s promise and
signature means nothing because it was not in
exchange for anything.
Trouble is, you would have to either wait to be
sued and then win in court, or else possibly
file a “declaratory judgment” action to ask the
court to determine whether or not your fiance
actually has any responsibility under the lease.
That would take a long time in court.
As to your other questions, people can enter into
any agreement they want. So if someone presents
you with a contract, surprise or not, the law
will allow you to sign it. You are supposed to
say no until you are sure it is the right thing
to do.
Obviously, however, a landlord cannot demand
rent BEFORE it is due.
One question is whether the landlord rents
10 or more residences so as to be covered by
the Virginia Landlord Tenant Act.
Jonathon Moseley
Office of Jonathon Moseley
1818 Library Street, Suite 500
Reston, VA 20190