View Full Version : Is a lease binding if not signed by both parties in Ohio
skolp1
Nov 20, 2012, 09:13 AM
Is a lease binding if the tenants never signed a copy of the lease in Ohio
Wondergirl
Nov 20, 2012, 09:14 AM
Who signed it?
skolp1
Nov 20, 2012, 09:21 AM
Who signed it?
I don't know if the landlord ever did. I am sure he will have now depending on how he chooses to proceed.
Wondergirl
Nov 20, 2012, 09:21 AM
Are you the tenant? Why didn't both parties sign at the time the apartment/house was rented out?
Wondergirl
Nov 20, 2012, 09:26 AM
Is there an oral agreement? Look at this (page 7ff) --
http://www.ohiolegalservices.org/public/legal_problem/housing/ohio-landlord-tenant-law-what-you-should-know/ohio-landlord-tenant-law-what-you-should-know
ScottGem
Nov 20, 2012, 09:27 AM
Did you move in and start paying rent? Signatures are not always required. If there is an offer and consideration accepted then a valid contract exists.
skolp1
Nov 20, 2012, 09:38 AM
Who signed it?
My wife and I (tenants) never did. I do not know if the landlord ever did. I would speculate if this becomes an issue he will go and sign a copy of the paperwork if he hasn't already
Wondergirl
Nov 20, 2012, 09:41 AM
There must have been an oral agreement about terms and responsibilities. How long have you lived there? Is the landlord wanting to evict or do something you hadn't planned on?
Yes, as my link states, Ohio law allows oral agreements.
skolp1
Nov 20, 2012, 09:44 AM
There must have been an oral agreement about terms and responsibilities. How long have you lived there? Is the landlord wanting to evict or do something you hadn't planned on?
Yes, as my link states, Ohio law allows oral agreements.
I appreciate the answers. Nothing bad, my wife and I are in contract on a house.
Wondergirl
Nov 20, 2012, 09:46 AM
Does the landlord know about the house? What were the oral terms of the lease?
ScottGem
Nov 20, 2012, 10:32 AM
I appreciate the answers. Nothing bad, my wife and I are in contract on a house.
If you are looking to get out of your lease early because of the house purchase, an unsigned lease won't fly.
AK lawyer
Nov 20, 2012, 07:41 PM
Scott, I'm not sure what you mean by "won't fly". Do you mean OP is bound by the lease terms or not?
My opinion is probably not. If neither party signed, I would think it would be a month-to-month.
ScottGem
Nov 20, 2012, 07:44 PM
As I understand it the tenant signed the lease. I think that will bind them. But they may try to take the position that since the lease was unsigned they can't be held to the term. I don't know whether that will work or not.
AK lawyer
Nov 21, 2012, 05:54 AM
As I understand it the tenant signed the lease. I think that will bind them. ...
Yes, it probably would. But in Post #1 and Post #7, OP says the tenant didn't sign.
ScottGem
Nov 21, 2012, 06:05 AM
Whoops, I was going by #3 that said the landlord never did.