View Full Version : Lease contract if not signed by both parties
 
 bab22
May 22, 2012, 03:26 PM
I have a lease agreement and I am the owner. The renter signed the lease but not I.  I have now put the house up for sale.  Is the lease binding if I (owner) never signed the lease
 
Thanks BB
 Fr_Chuck
May 22, 2012, 03:30 PM
Who wrote the lease up, them or you,   If you made up the lease, presented it to them,  they signed it and paid you money ( you accepted both)  they may have a case for perhaps fraud, if they acted upon that lease and you try to claim it is not vaild.
 
While we don't know how a judge rules till it goes to court, but I believe the court would view it is a valid contract.
 ballengerb1
May 22, 2012, 03:52 PM
Where are you located?  When there is a sale of rental residential property the lease does not terminate, new owner has to live by it.
 bab22
May 22, 2012, 04:20 PM
House is in Nebraska.  She is a friend of mine.  There was no lease done at the time she moved in.  When I purchased a house in Arizona I had to prove the house in Nebraska was being rented so I found a lease agreement on line, which she signed and sent back to me.  Now I am selling the house and I believe she is going to give me a real hard time.  Was just curious if I have to honor the lease since it was never signed by me or notorized. Thanks
 ScottGem
May 22, 2012, 06:33 PM
Yes, you have to honor it. Since she is clearly occupying the property, your signature is not required to complete the lease.
 Fr_Chuck
May 22, 2012, 07:03 PM
Notary is not required for a lease, 
 
The fact is you presented it for your needs and provided it as evidence you have a renter in the home.  You both agreed to it and accepted the lease.
 
So what are the dates, when is it over,