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    bab22's Avatar
    bab22 Posts: 2, Reputation: 1
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    #1

    May 22, 2012, 03:26 PM
    Lease contract if not signed by both parties
    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    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's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    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's Avatar
    bab22 Posts: 2, Reputation: 1
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    #4

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    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,
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