Legal Question in Real Estate Law in Illinois
If 3 people are on the lease, and only one signed it, is it still a legal binding document for the 2 who did not sign it?
1 Answer from Attorneys
The Illinois Statute of Frauds requires leases for more than a year in writing and signed "by the party to be charged". What this means is that if you want to enforce a lease against someone, that someone has to have signed the lease, as that is the party "to be charged". That means if you are 1 of the 3 people and only you signed it but the other 2 did not and they are rejecting the lease, you can't sue based on the lease document. That does NOT mean you can not sue them for other purposes (eviction, for example). And if you are the landlord, you may only have a claim against the 1 who signed it. So it depends on who you are (landlord, tenant who signed, tenant who did not sign, etc. and how long the lease is. If it is for only a year, then signatures are NOT required, but you must prove that the 2 who did not sign it still knew of it and did things that show they agreed to it. More information would be needed to determine if that is the case.