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-   -   Is a lease binding if not signed by both parties in Ohio (https://www.askmehelpdesk.com/showthread.php?t=718137)

  • Nov 20, 2012, 09:13 AM
    skolp1
    Is a lease binding if not signed by both parties in Ohio
    Is a lease binding if the tenants never signed a copy of the lease in Ohio
  • Nov 20, 2012, 09:14 AM
    Wondergirl
    Who signed it?
  • Nov 20, 2012, 09:21 AM
    skolp1
    Quote:

    Originally Posted by Wondergirl View Post
    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.
  • Nov 20, 2012, 09:21 AM
    Wondergirl
    Are you the tenant? Why didn't both parties sign at the time the apartment/house was rented out?
  • Nov 20, 2012, 09:26 AM
    Wondergirl
    Is there an oral agreement? Look at this (page 7ff) --

    http://www.ohiolegalservices.org/pub...ou-should-know
  • Nov 20, 2012, 09:27 AM
    ScottGem
    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.
  • Nov 20, 2012, 09:38 AM
    skolp1
    Quote:

    Originally Posted by Wondergirl View Post
    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
  • Nov 20, 2012, 09:41 AM
    Wondergirl
    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.
  • Nov 20, 2012, 09:44 AM
    skolp1
    Quote:

    Originally Posted by Wondergirl View Post
    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.
  • Nov 20, 2012, 09:46 AM
    Wondergirl
    Does the landlord know about the house? What were the oral terms of the lease?
  • Nov 20, 2012, 10:32 AM
    ScottGem
    Quote:

    Originally Posted by skolp1 View Post
    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.
  • Nov 20, 2012, 07:41 PM
    AK lawyer
    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.
  • Nov 20, 2012, 07:44 PM
    ScottGem
    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.
  • Nov 21, 2012, 05:54 AM
    AK lawyer
    Quote:

    Originally Posted by ScottGem
    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.
  • Nov 21, 2012, 06:05 AM
    ScottGem
    Whoops, I was going by #3 that said the landlord never did.

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