Legal Question in Real Estate Law in California

rental agreement

I rented a home with option to buy. the renter brought a notary to make it legal. My husband and I signed the contract and the renter stayed w/the notary. he was to make a copy and give me the original. months later i requested the contract and all he would give me is a copy. I realized that its not signed by him. He now says he cannot find the original. He is not paying rent on time and is renting to someone else. Do we still have a contract?? even though he did not sign. I have a copy of the contract that is not signed but i feel that if i try to evict him, he will then sign the original.. rent is due on the 1st of the month. he keeps paying on the 15th or later. and says its still on time since its not past 30 days late.


Asked on 12/14/08, 7:09 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: rental agreement

A written contract only needs to be signed by the party against whom enforcement is sought.

At least, this is the general rule. The contract itself can contain language modifying the rule, such as a clause stating that it becomes valid only upon all parties signing the same physical piece of paper.

Your facts raise other legal issues, including the inability to record the document because it isn't notarized, and the possibility of negligence or fraud on the part of the renter or notary, and the apparent breaches of the terms of the rental.

Ordinarily, the failure of the holder of an option to sign it is not as big an issue as the failure of the grantor of the option to sign, because by the nature of an option, the holder isn't under a duty to exercise it, and the grantor isn't in a position to force the grantee to do anything, whether or not the grantee has signed.

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Answered on 12/14/08, 7:53 pm
Terry A. Nelson Nelson & Lawless

Re: rental agreement

IF he's not paying, file an eviction, he's breached any contract there may have been. IF he can convince a judge not to grant eviction, I would be surprised. Hire an experienced attorney or eviction specialist firm to do this properly without errors.

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Answered on 12/15/08, 1:15 pm


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