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?


Asked on 7/08/08, 1:27 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/08/08, 2:14 pm
Robert L. Bennett Law offices of Robert L. Bennett

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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Answered on 7/10/08, 10:07 am


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