Rental Agreement Via Text Message?

Discussion in 'Landlord & Rental Property Questions' started by Rainman, Aug 26, 2015.

  1. Rainman

    Rainman Senior Investor

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    One landlord who hardly ever meets his tenants sends them a series of text messages and if they agree to the terms of the lease the tenant will send their reply and . . . the deal is sealed. While this might be convenient for both parties, question is are text messages legally binding?
     
  2. Corzhens

    Corzhens Senior Investor

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    I don't see anything wrong with that texting. There's no actual example for that but I can imagine how they do it. The potential tenant sees the "for rent" ad in the newspapers and texts the indicated celphone number. The landlord negotiates via texting and later on they agree and the transaction is finalized. However, a good minded landlord, before making the final decision, should require the applicant tenant to show himself personally for an interview.
     
  3. pwarbi

    pwarbi Senior Investor

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    While I don't know the legal implications of a text message, I wouldn't want to take that risk and would get a signature down on a paper contract. That way it's all in black and white, literally, and both parties know exactly were they stand.
     
  4. crimsonghost747

    crimsonghost747 Senior Investor

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    It is evidence of an agreement. But it's not a legal contract. So while it does have some meaning and can be used in court should it be necessary, it doesn't have the same weight as a proper contract.

    Also it's going to be hard to prove that the it was the tenant himself who sent the messages. So he can always fall back on that if there are problems.
     
  5. Corzhens

    Corzhens Senior Investor

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    What I meant with my agreeing to texting is the preliminary - cost of rent and other conditions like how many months as deposit and advance rental payments. Of course, the prospective tenant has to make an ocular to see for himself the apartment or the dwelling if it is a condo unit. And since no money had changed hands in the text messages, there is no reservation whatsoever. That means when another prospective tenant comes along, he would be entertained.
     
  6. missbishi

    missbishi Well-Known Member

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    I wouldn't like this at all. To me, a tangible contract is important for both parties. It is a legal document which will stand up in court. I am not certain how a courthouse would view a contract agreed by text message only - it's far too open to abuse.
     
  7. Corzhens

    Corzhens Senior Investor

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    You are right on the tangible part of the text agreement, @missbishi, but I guess what was meant was the initial agreement to at least reserve the unit until such time that the prospective tenant would go for an ocular. Of course, the time limit should not exceed 2 days and if there is a better offer that comes earlier, the landlord has the option to give in over that text agreement. And as you said, that text message will not stand in court so probably it is just an informal agreement that is not really binding, just a serious offer.
     
  8. dianethare

    dianethare Senior Investor

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    So correct @ missbishi... I find that arrangement somewhat tricky and as you've said...an open door to abuse, I remember one tenant from hell, having a one on one with him via the phone and somehow sealed the agreement....It came to haunt me later on...let it be a legal document signed in the presence of an advocate.
     
  9. Sunflogun

    Sunflogun Well-Known Member

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    Text message contract? One of the strangest things I've hard. But after reading about text message divorce I suppose anything is possible...
     
  10. pwarbi

    pwarbi Senior Investor

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    As new modern forms of communication are becoming popular, I have no doubt that in the future a phone call, email or text message might very well become legally binding, if it isn't already? But for now, if possible I'd always like to stick to a paper contract, two signatures on the bottom, and a copy for both parties. Simple...
     

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