Legal Question in Landlord & Tenant Law in California
residential lease provisions
1. is a lease valid if it does not contain the lessor signature ?
2. is it legal to exclude rooms in a house that is being rented?
2 Answers from Attorneys
Re: residential lease provisions
Technically, if the lease isn't signed by both parties, then it isn't a written agreement, and may not be enforceable. From a practical standpoint, if the tenant is trying to enforce it against the landlord, the landlord really can just sign it and cure the problem. A lease can specify essentially any portion of property as being the subject of the lease, so yes, the landlord can exclude certain rooms so long as it was advertised that way, and the lease provides that the tenant is not renting those areas.
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Re: residential lease provisions
1. No, but it is easy to cure the problem.
2. Yes
See Mr. Gibbs' answer for more details.
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