A Santa Monica landlord lost a lawsuit earlier this month on a technicality — he presented an unsigned lease as evidence.
Hormoz Azizzadeh lost the lawsuit over a $3,500 rental deposit brought by two student tenants because he never signed the original contract. Without his signature, the judge found that no formal agreement existed.
“In real estate, the written document overrules anything else,” said Commissioner Roberta Kyman. “You’re a broker, you know that.”
In their lawsuit, Kazue Iwata and Miyuki Tanaka claimed Azizzadeh owed them the $3,500 because they changed their minds about renting the unit before they moved in last November but after they signed the lease.
They claimed Azizzadeh told them he would allow three tenants to live in the apartment, but then told them the lease specified only two. And when they asked again to add a third name to the lease, he asked for more money, they said.
It appeared as though Azizzadeh’s case was strong enough to win since neither Iwata nor Tanaka could prove he had ever agreed to a third roommate. Kyman even reminded the two students that changing their mind before a contract takes effect does not nullify the lease.
Azizzadeh said he agreed to let the women out of their contract if a replacement tenant could be found. But he said the apartment was still vacant and he was deducting from the deposit until a new renter was in place.
With what appeared to be a fool-proof defense, Azizzadeh confidently handed the rental contract to the bailiff, who then passed the document on to the judge.
Kyman reviewed the contract and asked “Are you presenting this document as the basis of your case?” she asked.
The defendant responded that it was.
“It’s not signed,” she said. “This is the original and it has original signatures from the tenants. Your lack of signature shows this court there was no agreement to a lease.
“I don’t have a valid lease agreement here.”
Azizzadeh responded by saying the plaintiffs already had admitted in court they agreed to the contract. Kyman then reminded Azizzadeh what so many tenants have learned from landlords over the years.
“It doesn’t matter,” she said.
Commissioner Kyman awarded Iwata and Tanaki $3,500, plus court costs.
Originally published in the Santa Monica Daily Press print edition on February 20, 2003. Read the original PDF.