Legal Question in Real Estate Law in Arizona

Commercial Lease

In AZ (community property state) I would like to know if it is necessary to get both husband and wifes signature on a commerical property Lease? I have a couple and the wife is a Mexican national with no social security number (she has a visa) . The husband has excellent credit but I was concerned that I could not check the credit of the wife? I am assigning my Lease to them -- should I be concerned.

Asked on 5/19/07, 11:22 am

2 Answers from Attorneys

Brian Blum Blum Law Office, PLC

Re: Commercial Lease

Do you have permission from you landlord to assign the lease? Have you asked the Landlord if he/she will agree to terminate your lease and sign a new one directly with the people you found? I would try that first.

If you have to do an assignment, it's best to get both Husband and Wife to sign. But, it's not required.

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Answered on 5/19/07, 5:12 pm

Brian Blum Blum Law Office, PLC

Re: Commercial Lease

I need to clairify my previous response. I had assumed that, since you were talking about a Commercial lease, that the couple you wish to assign to was taking the lease in the name of a company.

If the Lease is for one year or more, and if the Husband is going to sign the lease in his own name, and if he is using community property assets to pay for the lease, then BOTH Husband and Wife must sign the lease.

It would be very difficult for you to determine if he is using Separate or Coummunity property assets to pay for the lease, so you should assume he's using Community property and insist on both Husband and Wife's signatures.

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Answered on 5/20/07, 3:10 pm

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