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    ejohame2's Avatar
    ejohame2 Posts: 1, Reputation: 1
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    #1

    May 17, 2008, 07:32 AM
    Is a rental lease legally binding if it was not signed by all parties?
    Is a rental lease legally binding if it was not signed by all parties?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 17, 2008, 07:35 AM
    Often the renter will sign his and the landlords copy, esp when using a renting agent, and be given a copy, and the original to the landlord forwarded to the landlord, this does not mean that the landlord has not signed his copy, Just because the renter does not have a copy signed by both parties does not mean it is not a valid rental agreement.

    If there is not a signed lease that can be presented in court as evidence then there is no legal lease, remember if the landlord has a copy, he signs his and has it for court,

    You also have the issue of an agreed to verbal lease , a verbal lease may be honored in some US states depending on their rental laws
    ** a verbal month to month is valid in all states
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    May 17, 2008, 10:51 AM
    It depends on which person didn't sign. If the landlord didn't sign then you can be sure that they will sign their copy before this gets to court. As long as one fully signed copy exists then it is legal and it doesn't matter if the tenant doesn't have a fully signed copy.

    If one of the tenants didn't sign then the lease is still binding on the tenant that signed.
    Molly926's Avatar
    Molly926 Posts: 1, Reputation: 1
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    #4

    Nov 7, 2012, 02:04 PM
    My landlord never gave us a new lease to sign, but called me in and said the insurance company wants a signed lease and could she sign my name for them and then send us a lease to sign and copy. The lease is in both of our names. We never got a lease to sign. She now wants to hold us to a lease that neither I nor my husband signed. Is it legal for her sign my name to a lease? Can she hold us to it?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Nov 7, 2012, 05:07 PM
    Quote Originally Posted by Molly926;
    My landlord never gave us a new lease to sign, but called me in and said the insurance company wants a signed lease and could she sign my name for them and then send us a lease to sign and copy. The lease is in both of our names. We never got a lease to sign. She now wants to hold us to a lease that neither I nor my husband signed. Is it legal for her sign my name to a lease? Can she hold us to it?
    First, you should really have started a new thread. Adding a new question onto an old thread causes confusion.

    So your landlady got your permission to sign your name and your husband's name to a new lease? She did so and now you don't want to be bound by what you agreed to? Why not? Is something in it different than you were led to believe?

    She can hold you to it unless you can prove that it contains provisions significantly different than you were told were in it.

    You know now, I hope, that it was very foolish of you to agree to something you had not read and signed. This story about the insurance company insisting upon having a signed lease is very fishy.
    IPP's Avatar
    IPP Posts: 1, Reputation: 1
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    #6

    Jan 19, 2013, 06:20 PM
    I have the same matter her in FL the renter has not sent back and signed the lease am now trying to evict him in court for continued late payments
    Couch12's Avatar
    Couch12 Posts: 4, Reputation: 1
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    #7

    Mar 16, 2013, 08:37 PM
    Is spouse legally bound to lease agreement if not signed by both? Currently going through eviction process in Ontario. Can my wife be on legal documents if not on the lease

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