Are texts legally binding?

About 6 months ago I moved into an apartment for a year lease. Just skipping over drama I was offered to get out of neighbor from hell situation by moving into another unit and they said it could be on a month to month lease.

I moved to the new unit 23Nov. I still don’t have an official lease or anything official saying that my previous lease is void.

I do have text messages of my landlord agreeing that the unit that I’m in now is a month to month lease and that the old lease is null without consequences.

I also have an email of them saying for if I want to move You need to let me know 30 days before the last day of the month, in written form. which I received that response 02Dec which sucks because of how they have that worded means I have to pay for January too… but I’m seriously done with these people and this place.

I mailed out a written and signed 30 day notice 02Dec with a tracking number on it. Along with sending out an email about the notice.

Since I still haven’t been given an actual lease for this apartment and I still haven’t had any official documentation that they see my previous one year lease as being terminated. (I have asked for both of these things and have just been brushed off or been told “oh next week.”) 

Are the emails, text messages, and pictures of everything then legally binding? Would they be able to legally go after me for the original one year lease after January? Or are my bases covered? Madison WI, in Dane county

18 Answers

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  • 10 months ago
    Favorite Answer

    You were wise to send a proper written notice with tracking and yes, you are stuck paying through January although obviously you can leave the building earlier.  But your question concerns your previous one year lease and whether they might try to enforce that.

    Hard to know how a judge might view email and text messages, there is no proof of service and even my dog can spoof a sender's phone number/email (and she is not exactly a clever dog).  But the good news is that the texts and emails received by you do not have that issue.  So could you have forged the send?  If landlord denies sending, you might have a tough time.

    I suspect they will accept your departure as long as you pay for January. 

  • 10 months ago

    You are asking for legal advice. Only a licensed lawyer can give you that, and nobody in their right mind would give you an answer with any meaning, without reviewing the texts, etc.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
  • 10 months ago

    Yes, they will be accepted in a court of law. Under the month to month, you will owe January rent even if you physically move out by the end of the year, but the sooner you are out, the better.

  • 10 months ago

    The texts may work, yes. Ask a local attorney, they will know more about what the local courts would deem as appropriate evidence if it came to that.

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  • 10 months ago

    On the one hand, anyone could've sent you a text or possibly gotten someone else's phone and these can be faked so it could be a bit difficult to prove the text is real.  However, it has a phone number and the sender usually admits to the text so if that happened in court it would be excellent proof of what the sender said.  Look, they aren't as good as say a contract but the judge will look at them and try to evaluate their validity and certainly take them into consideration when making a judgement on a case.

  • Anonymous
    10 months ago

    A judge could choose to believe them. Chances are very very low that one would.

  • Anonymous
    10 months ago

    No, they aren't.

  • Anonymous
    10 months ago

    yes, verbal contracts are legally binding and your texts I believe would constitute proof that the two of you agreed to a month to month rental agreement.

  • Anonymous
    10 months ago

    Only when signed.

  • Anonymous
    10 months ago

    Yes, texts are legally binding.

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