Question:

I was not informed that the contractor of my lease is not the landlord. Isn't it illegal ?

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I made a house lease contract with the owner's son. At the time we made the contract the son did not inform that he was the owner's son. The contract form shows that the leesor (landlord) is the son. So the son and I made many verbal agrees for 3 and half years' of leasing. We were in good relationship. After I left a message on his phone that we are moving out , I could not see the son(contractor) but the landlord(contractor's dad) and he doesn't approve any agrees between me and his son.

First, isn't it illegal that the son didn't let me know he is not the landlord? Second, are all the verbal agrees useless?

Let me know. Thanks.

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2 ANSWERS


  1. All agreements for real estate have to be in writing to be binding.  Otherwise how would you prove anything without uninterested witnesses?  So all you have to fall back on is the written contract and whether the son was authorized to do that by the owner(s).


  2. Unless the father provided more substantiation than the son, only a title search would confirm who the landlord actually is and that still would not be a pivotal concern. If the father denied the son was his agent (and from your posting, he has not) that would be illegal. The only thing he is denying is written documentation of any arrangements with his son. Even if you made the exact agreements with him, he could refuse to honor them and that would be legal too.

    While the amount and length may vary, all states use at least one of these factors as the separation point between verbal and written contracts. As far as I know, real estate requires a real contract in all states and as Sam Goldwyn said: "A verbal contract isn't worth the paper it's written on."

    Apparently, he must have approved, at least tacitly, to some of these running meetings with his son. Because you were in a good relationship for three and one half years, your current concern probably has to do with the security deposit and move out charges. Unfortunately, this will only be a general outline in the contract and should be dependent on his interpretation, discretion and generosity. In twenty-two lustrums, I have yet to meet a generous landlord.

    This type of switch could be a tactic they use with all of their tenants. While it may not be the best way to do business, there is nothing illegal about. Better luck in future endeavors.

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