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Updated about 6 years ago on . Most recent reply

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Srinivas Murthy
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Legal validity of rental agreement without signature

Srinivas Murthy
Posted

I have signed an agreement with a Property management firm to rent my home out. I signed an agreement with them on general terms, but haven't signed a document that specifies rent and lease terms. Now the management company found a tenant, and signed a lease with him, without showing me the documents or the terms. I don't have a document that tells me what the rental amount is. I am asking them to back off from the deal and Management is asking me to talk to their legal counsel, they won't back off. What are my rights, given that I haven't signed a two party deal involving the potential tenant and myself.

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Andrew B.
  • Rockaway, NJ
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Andrew B.
  • Rockaway, NJ
Replied

You signed an agreement to allow the management company to operate as your agent. Their signature on a lease is equally valid as yours.

By back off, are you requesting they cancel the lease? It's likely you cannot just back out, depending on timing and state laws.

Now is a great time (you should have done this before signing) to look over your agreement with the PM company to figure out what powers your agreement gives them. Does it give them free reign to set any rent level they deem fit for the market, or does everything need to be approved by you? Don't forget, PM companies are there to make you more hands off, not to run everything by you.

If your agreement does not give them authority to set the rental rate, you may have an argument to pursue them for damages, assuming they set rent too low.

What specifically is your issue? That may help guide the discussion.

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