Legal Question in Real Estate Law in California

In California is a one year rental lease valid if the title owner of the

house did not sign it?

My father signed it for me, because I was not there, and I did not give him the power of attorney to sign for me nor is it in the lease.

Do it revert to a month to month tenancy because they are in the house now?

Asked on 8/31/13, 3:30 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

No, it is a valid lease. A court would most likely find that your father signed it as the ostensible agent of you. (Civ. Code, 2300.)

Read more
Answered on 8/31/13, 9:12 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law
0 users found helpful
0 attorneys agreed

I agree. Lots of leases are negotiated and signed by the agent of the owner, rather than the owner. Further, even if someone is not "officially" an agent of the owner, if they are "ostensibly" an agent, that suffices. If the lease causes you substantial hardship, you might try attacking the ostensible agency as not meeting the criteria set up in the Civil Code (section 2300). The outcome of such a lawsuit would depend upon facts and circumstances going well beyond what's given in your question. A power of attorney is unnecessary and would be unusual.

Read more
Answered on 8/31/13, 10:25 am
John Laurie Gertz and Laurie
0 users found helpful
0 attorneys agreed

I agree with the above. On a more practical note if is is found invalid they may go after your dad for damages.

Read more
Answered on 8/31/13, 12:44 pm

Related Questions & Answers

More Real Estate and Real Property questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Real Estate and Real Property Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now