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Can a prospect tenant sue me for an incomplete and not executed lease?
Applicant wanted to move in one week
Anonymous2 views3 answers
I owe and apartment I want to rent: Facts
Sat1: applicant shows up sees apartment and file application
Mon-Wed: I verify applicant information
Wed: Send applicant a lease @ 10:18am
Thu: Applicant questions landlord access paragraph @ 10:18am
I send reply @ 12:17pm
Applicant reply @ 9:26pm
Fri: I made changes to 3 pages to accommodate applicant concern @ 8:04am
Applicant send incomplete lease (only 3 pages of 8) asking for bank information and 1 day early
access to the apartment @ 1:34pm
I sent reply that lease was incomplete @ 2:49pm
Applicant sent rest of lease @ 6:34pm
Applicant was knowledgeable. The sense of urgency didn"t match the slow response and the incomplete information. I lost trust so I cancelled the application
Can the tenant sue you? Well anyone can sue anyone for anything whether it is right or wrong; that is why I dont particularly like the can I sue question that everyone asks. The better question is "is there a valid claim if tenant sues." I would say no, there was not fully executed lease and no meeting of the minds as changes were made and you both had to sign off on those changes. I don't believe that tenant would prevail even if he did sue, which he still might. Suing alone doesn't mean he will win.
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
Its clear that the prospective tenant can sue. The issue is whether under the terms of the lease they became an actual tenant or have come claim under an estoppel theory. As set out by your facts, you negotiated at arms length over several days, then tenant sends in the lease signed...and you opt to back out. You may now have to contend with a pissed off putuative tenant who may feel you jerked him around after negotiating terms.
