Is it common to cross out part of a contract in USA? My wife is doing a master in New York and we have 2 weeks here, and we found an apartment but we are confused with the way they handle the contracts. First they told us via email that pets are allowed but the contract they later sent said that pets are not allowed. After we asked about that (because we don't want to sign it as we have a pet) they said that we can cross out that part. Is this a common practice in USA? In my country when this happens the contract is rewritten and reprinted. Another doubt is, we are running this contract with a broker, so they are a third party company, but my wife and I are the first who need to sign, is it possible for the landlord to un-cross out what we crossed out about the allowance of pets?
It isn't uncommon to interlineate contract language, or to cross out contract language, with the initials of the parties to the contract. This is normally only done with smaller businesses, however, where there is someone who has the authority to do so. Some contracts, such as insurance contracts, for example, have to have their language approved by state regulators before they can be used and can't be modified in that fashion.
I was told that when you sign something in the UK, then it is your signature, no matter what name you are using. So if you sign a contract with my name, then it's your signature and you are bound by the contract. Things might be invalid because you signed and not me. For example, if you sign a contract selling my car in my name, then that contract is not valid. If some document needs signatures of two witnesses, and you sign with your name, then with my name, then there are no two signatures. As far as I know, signing under a false name is not in itself criminal, but might very well be supporting fraud, for example, and might therefore be illegal. The contract for the sale of my car, signed by you using my name, would very likely be part of fraud and therefore criminal.
If you want to protect yourself or any property interests you may have in this circumstance you have to talk to a lawyer. You cannot get (or trust) legal advice from the internet. I will, however, make the following personal observations: I only provide a W-9 to people who are paying me money, and who request it as a condition of paying me. I don't know of a legal requirement to supply it after the fact. However, not providing it to someone who did pay you more than $600 in a tax year could certainly make it difficult for them to comply with their tax filing obligations. I do not sign any agreements, assignments, or contracts, without what I consider to be fair consideration. E.g., if on leaving a job (as has happened) I am asked by a former employer to sign something that I am not already obligated to sign due to some prior contract, then I negotiate what is commonly called a "severance package." They pay me and/or extend benefits, and I sign something that limits their liability.
Legal answer A blanket "no pets" clause is unenforceable, and would remove even the requirement for you to ask before keeping pets (ref:landlordlawblog). This is why the clause contract has the phrase "the Landlord’s consent [...] will not be unreasonably withheld". You shouldn't take this phrasing to mean that the landlord is happy for pets given certain conditions; rather the landlord doesn't want pets, but has used the letting agent's standard contract which has been written with advice from lawyers. Withholding consent with no explanation is unreasonable (see landlordlawblog ref above). The landlord simply wanting no pets, in and of itself, is almost certainly unreasonable. Given that you proposed damage repairs and cleaning, I am personally convinced that the rejection is unreasonable. That said, the landlord might be able to reasonably withhold consent on noise grounds (parrots can annoy neighbours!), but can only do so by stating that to you (which he hasn't done). (Im)practical answer 1 You can try fighting it out in the courts if you like. You could well win, but this will cost you money (and probably a lot of stress) and antagonise your landlord. The landlord will then want to get rid of you (both because you're doing something he doesn't want to the property, and because you took him to court). He'll want to get rid of you with the minimum notice possible; if you're in a fixed term, that's the end of the fixed term; if you're in a periodic tenancy it's probably 2 months. In theory landlords can't carry out retaliatory evictions. But your only chance of fighting a retaliatory eviction is... the courts! Cue more cost and stress. And it's very possible that the landlord might successfully come up with another reason to justify the eviction, e.g. "I want to sell the property", "I want to provide my nephew with a home", or if he tries putting the rent up and you refuse "I can get more rental income by re-letting the property". (Im)practical answer 2 You could just get the parrot anyway. The landlord won't find out until his next inspection, and even then will find it difficult to evict you in the middle of a fixed term for such a minor breach of contract... but that doesn't stop him evicting you at the earliest possible "no reason" eviction date. This would again be either the end of the fixed term or 2 months if you're on a periodic tenancy. And you wouldn't be able to fight this as a "retaliatory eviction", as there will be no registered disagreement between you. Practical answer Your legal rights and your practical options aren't the same thing, unfortunately. Your best option is probably to give up on the idea of getting a parrot.
Not a lawyer, but: In many countries, a purchased item is your property once you removed it from the premises of the seller. In practice, this rarely makes a difference. You have entered a contract with the seller where the seller has to deliver the product, and you have to pay the money, you did your part, they have to do their part. There would be a difference if the item was stolen while in the store, or damaged by fire, or if the store went bankrupt and bailiffs took the item. If these rules apply in your country, then what they did is not theft, otherwise it would be theft (in all countries, if the store removed the door from your home after it is installed, that would be theft). You paid for a door, the store owes you a door. You have a legal contract. Both sides are bound by that legal contract. They have to do what the contract says (delivering the door that was displayed in the store), if they can't, then they have to do the nearest thing that isn't to your disadvantage, like delivering a new door. Or possible a different door that was on display. They can't just declare your contract invalid because it suits them better. That wouldn't be the case if this would put the store at an unacceptable disadvantage. For example, if thieves had broken into the store and stolen ten doors, including yours, the store might get away with returning your money. Since they intentionally sold your door again to someone else, I don't think they could use this as an excuse. I'd go once more to the store and ask them whether they want to deliver a door to you, according to your contract with the store, or if they want you to get a lawyer. A letter from a lawyer might work wonders. (Or of course the lawyer might tell you that I'm completely wrong, but they don't know that, so telling them that you will hire a lawyer might be enough).
In the lease agreement we stipulated that rent would be 50% off until the building received full services and then the full rent payment would be due. Ouch. I bet the lease agreement also says something like &quot;no other agreements verbal or otherwise are in effect for this agreement.&quot; So what you did was release the landlord from the responsibility to make the building habitable. Pretty sure you will need a lawyer to unwind this.
Is a text message legally binding? Yes, but the terms of the message need to be clear enough to ascertain the parties' intent at the formation of that contract or agreement. A contract does not even need to be in writing. There are also oral contracts and implied contracts, the latter referring to contracts which are inferred from the parties' conduct. A contract such as the agreement you describe here is binding regardless of its form. It is just easier to prove the existence of a contract if it is in writing. You did not specify your jurisdiction. If it is in the US, the price tag --rather than the downpayment-- of the object of the contract (i.e., the puppy you intend to buy) determines whether your complaint would need to be filed in Small Claims court. Generally speaking, parties to a dispute in Small Claims court have to represent themselves. Two remarks are pertinent. First, developing writing skills is utmost important not only for litigating a dispute, but also during the process of formulating the terms and conditions of a contract/agreement. Your post indicates that you seriously need to work on that. Second, the end of your post reflects that one of your managers violated labor law(s), which to most of us would be more worrisome than the controversy about the puppy. Legislation in most or all jurisdictions outlaws the act of withholding an employee's compensation regardless of its form (salary, commissions, and so forth). You might want to gain acquaintance with the labor laws of your jurisdiction so you can assess whether or how to proceed (does legislation require the employee to "exhaust administrative remedies" prior to filing in court? are administrative remedies optional? do these exist at all?), even if only to ascertain whether the deadline for filing the corresponding claim has elapsed.
I would presume that this is legal (without researching the laws in Cali. or Texas). Their contract is an offer to enter into an agreement. You accept that offer by signing. Their pre-requisite for that offer is that you pay the nonrefundable application fee. In other words, they are refusing to make you an offer until you pay a set fee. Now the degree of negotiability, among other factors, would go into determining whether the contract is fully enforceable. I did a little bit of research. (Please note that this is not legal advice. If this applies to a current situation, seek the advice of an attorney licensed to practice in your jurisdiction.) There does not seem to be any indication that the landlord needs to provide a sample lease to you before s/he decides that you are an eligible applicant. The application fee is not a contract to rent the premises; it is an application to be considered a tenant. Pro-Business Perspective: Why would I (the landlord) waste my time going over an application with someone and show them a model unit if they are not even eligible to rent from me? I have better things to do. Pro-Consumer Perspective: Why waste my time and money if I refuse non-negotiable terms in a lease? The application fee is capped in California and must be used to cover screening costs or refunded if not used. The likelihood of success in a claim regarding this might be indicated by the California Dept. of Consumer Affairs: "If you don't like the landlord's policy on application screening fees, you may want to look for another rental unit. If you decide to pay the application screening fee, any agreement regarding a refund should be in writing." It is important to note that you can always try to negotiate with the landlord. Personally, every lease I have had I have negotiated to get more favorable terms. You, as a tenant, have every right to try to negotiate, and should use that right.