Legal Question in Landlord & Tenant Law in California

I am a resident property manager on a property with 4 rental units, and am in the process of creating A rental agreement for a new tenant. In the agreement, the property owners are listed as the "Landlord," and not myself. However, I will be one signing the rental agreement, since the property owners are living out of the country. QUESTION: Should I be listed as the "Landlord" in the rental agreement, instead of, OR in addition to, the property owners? Thank you.


Asked on 11/25/11, 8:24 pm

3 Answers from Attorneys

David Rowell The Rowell Law Office

Short answer: No; the 'Landlord' is the one who enters into the legal relationship with the 'tenant,' the one who, as holder of the 'fee interest,' grants the tenant a 'leasehold interest' in the property, and who is contractually obligated to do various things for the tenant (covenant of quiet enjoyment, etc.). You don't have an interest in the property, and can't grant an interest to someone else, you are merely the Landlord's agent, authorized by the Landlord to do various things (collect rent, etc.). You'll probably sign the rental agreement as "Joe Blow, agent for Landlord," or something like that.

Maybe more importantly, from your point of view, anyway, why would you want to take on that liability? No benefit for you, only risk; no good reason to do so.

Hope that helps . . .

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Answered on 11/25/11, 8:37 pm
George Shers Law Offices of Georges H. Shers

To be safe, you could get a power of attorney from the owners limited to what they want, do not want, or a combination, to give you as powers.

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Answered on 11/25/11, 8:44 pm

While there would be nothing wrong with getting a power of attorney, I really know of no absentee landlords who bother with that for their property managers. To answer your direct question, I would sign the document as follows:

[Landlord(s) Name(s)]

by:________________________________________________

[Your Name], Property Manager and Authorized Agent

Place your signature on the line.

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Answered on 11/27/11, 5:19 pm


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