Legal Question in Landlord & Tenant Law in Louisiana

landlord not signing

If an apartment lessor does not sign their portion of the lease, is the lease void?


Asked on 9/08/08, 12:05 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Re: landlord not signing

That would be open to argument. Obviously, the tenant's signature is the important one. Many leases do not even have a place for the landlord to sign. In those instances, the landlord's allowing the tenant to move in is his "acceptance" of the lease.

If there is a signature line for the landlord, though, and the landlord does not sign it, whether that would invalidate the lease is a tough question. In my opinion, it would be very fact dependent as to whether it could invalidate the lease.

If the landlord had already entered into the lease as a matter of fact (e.g., allowed the tenant to move in and accepted rent), I think any court would say that the lack of his signature didn't mean much and the lease would be valid. If the tenant had not moved in yet, the lack of a signature could mean something--that may signify that the tenant had never been informed that the parties had a deal and he was justified in cancelling his offer and seeking other housing.

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Answered on 9/14/08, 11:15 am


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