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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,