Legal Question in Real Estate Law in California

Is the lease binding, if the landlord doesn't sign the lease in the state of california? thank you.


Asked on 8/13/11, 9:26 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Yes, contracts can be signed any where. Even if not signed, if the parties act as though it was, they may be found bound by the terms of the contract.

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Answered on 8/13/11, 11:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Shers. If the landlord does things like give you the keys and let you move in, accept and cash your deposit and rent checks, etc., that will be sufficient evidence for a court to determine that there is an oral lease, the terms of which are probably those found in the unsigned writing.

Oral leases are valid so long as the lease term doesn't exceed one year.

Further, there is a general rule for enforcement of written contracts that they must be signed by the person being sued, and, consequently, it doesn't matter that the person prosecuting the lawsuit didn't sign it. The plaintiff can produce a signed copy that he signed yesterday.

Last year, I got a $26,000 judgment for a landlord who couldn't find his copy of the lease. There was just too much other evidence that, indeed, there had been a lease - canceled checks, the defendant's use of the address, neighbor testimony, etc.

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Answered on 8/14/11, 2:00 pm
Anthony Roach Law Office of Anthony A. Roach

I write separately to point out that a lease is not necessary to create a tenancy. Occupation by a tenant, and acceptance of rent by the landlord creates a tenancy. I'm not sure from your question whether you mean that the landlord did not sign the lease at all, or signed the lease in a different state.

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Answered on 8/20/11, 12:55 pm


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