Legal Question in Real Estate Law in California
Signatures on rental lease
I recently resigned a lease on my apartment. I am interested in terminating my lease, and am required to pay a month's additional rent to break the lease. When looking at my copy of the lease, I noticed that my signature is the only one present. Since there is no signature from anyone in the leasing office or management company (on my copy at least. I am not sure if the other copies were signed at a later time), is the lease void?
1 Answer from Attorneys
Re: Signatures on rental lease
No, the general rule in California is that the Statute of Frauds (which requires certain agreements to be in writing) requires signature only 'by the party to be charged' meaning the party likely to be sued. Since your signature is on the lease, the landlord can sue you without worrying that you have a defense based upon lack of a signed writing. There are some other twists and technicalities too, but this covers it adequately for your case, where it seems likely the landlord would prevail in court.
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