Are email agreements legally binding?

Are email agreements legally binding?

Member since 2022 · 1 post · 0 votes

If I told someone "yes, I will rent my house to you" via email, but nothing has been signed, am I legally stuck with that person as a tenant? Or can I rent out to someone else? Getting conflicting answers.

Hi guys, new to renting out my property. I have 3 candidates.

Candidate A was the first person to ask about renting. Wants the whole place (2 bed/2ba) at a discount from Jan-May 2026. I wasn't getting a lot of bites at the time, so I said "yes, I can rent to you for x amount for 5 months." Figured something is better than nothing.

Candidate B and C both reached out shortly after and said they need a place ASAP because they are starting their first year of medical school next week. Full rent for a year.

Sent them all applications, candidates B & C completed everything right away and passed background/credit check. It's been 3 days and candidate A has not completed anything.

I would really like to move forward and send lease agreements to B & C and let A know that the house is no longer available. But since I previously did say "yes", could there be any legal repercussions for changing my mind? Help!

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Russell BrazilBusiness Member
Moderator
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
1y
Quote from @Benjamin Cho:

If I told someone "yes, I will rent my house to you" via email, but nothing has been signed, am I legally stuck with that person as a tenant? Or can I rent out to someone else? Getting conflicting answers.

Hi guys, new to renting out my property. I have 3 candidates.

Candidate A was the first person to ask about renting. Wants the whole place (2 bed/2ba) at a discount from Jan-May 2026. I wasn't getting a lot of bites at the time, so I said "yes, I can rent to you for x amount for 5 months." Figured something is better than nothing.

Candidate B and C both reached out shortly after and said they need a place ASAP because they are starting their first year of medical school next week. Full rent for a year.

Sent them all applications, candidates B & C completed everything right away and passed background/credit check. It's been 3 days and candidate A has not completed anything.

I would really like to move forward and send lease agreements to B & C and let A know that the house is no longer available. But since I previously did say "yes", could there be any legal repercussions for changing my mind? Help!

Id say they have to still complete the application and screening. You said Yes, to one particular term, renting for.5 months. But they still havnt actually applied for the unit. 
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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    1y
    Quote from @Benjamin Cho:

    If I told someone "yes, I will rent my house to you" via email, but nothing has been signed, am I legally stuck with that person as a tenant? Or can I rent out to someone else? Getting conflicting answers.

    Hi guys, new to renting out my property. I have 3 candidates.

    Candidate A was the first person to ask about renting. Wants the whole place (2 bed/2ba) at a discount from Jan-May 2026. I wasn't getting a lot of bites at the time, so I said "yes, I can rent to you for x amount for 5 months." Figured something is better than nothing.

    Candidate B and C both reached out shortly after and said they need a place ASAP because they are starting their first year of medical school next week. Full rent for a year.

    Sent them all applications, candidates B & C completed everything right away and passed background/credit check. It's been 3 days and candidate A has not completed anything.

    I would really like to move forward and send lease agreements to B & C and let A know that the house is no longer available. But since I previously did say "yes", could there be any legal repercussions for changing my mind? Help!

    Id say they have to still complete the application and screening. You said Yes, to one particular term, renting for.5 months. But they still havnt actually applied for the unit. 
  • Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes
    1y
    Quote from @Benjamin Cho:

    If I told someone "yes, I will rent my house to you" via email, but nothing has been signed, am I legally stuck with that person as a tenant? Or can I rent out to someone else? Getting conflicting answers.

    Hi guys, new to renting out my property. I have 3 candidates.

    Candidate A was the first person to ask about renting. Wants the whole place (2 bed/2ba) at a discount from Jan-May 2026. I wasn't getting a lot of bites at the time, so I said "yes, I can rent to you for x amount for 5 months." Figured something is better than nothing.

    Candidate B and C both reached out shortly after and said they need a place ASAP because they are starting their first year of medical school next week. Full rent for a year.

    Sent them all applications, candidates B & C completed everything right away and passed background/credit check. It's been 3 days and candidate A has not completed anything.

    I would really like to move forward and send lease agreements to B & C and let A know that the house is no longer available. But since I previously did say "yes", could there be any legal repercussions for changing my mind? Help!

    There could be "legal" consequences, but for what? Candidate A would have to prove damages. What is his damage? You haven't received money from him, so there is nothing to return.

    Wait, I just read that you are in California, you are already wrong because you are a landlord. Just kidding, . . . kinda.

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    1y

    I see it is your first post so welcome to BP

    If all you said is "I will Rent to you" without more details. you can just say the rent is $1M a month. He or she will probably decline on their own. 

    The point is details matter. What was exactly written. The biggest risk is possible fair housing complaint.

  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    1y

    As a newb with only a google education. The teacher says California requires applications be processed in the order they are received. While you are somehow, even in California allowed to accept a later, better applicant. You are allowed to have a first qualified applicant policy to avoid discrimination claims. 

    So, I ask with a smile. Is your policy to accept the first qualified applicant?

    If so you can accept the first to complete the application and meet your written down, not made up in your mind standards. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    1y

    Once they agree, have them pay the deposit and sign the lease.  If that isn't done within 48 hours, then move on to the next person.

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