Legal Question in Real Estate Law in Pennsylvania

landlord-tenant

I have a tenant who gave me a security deposit and signed a lease. However, my husband (the landlord) DID NOT sign the agreement. We were waiting to receive her rent payment. I gave her a key so she could start moving in. We have already had major problems with her. My question is do I legally have to evict her or can I take possession of the property since my husband never signed the lease?


Asked on 6/02/08, 4:59 am

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: landlord-tenant

You asked about enforcing an unsigned lease.

I agree with my colleague and will also point out that the law requires you provide the tenant a copy of the countersigned lease. Essentially, where you offered the lease and she accepted it your signature was imputed. Failing to provide a copy of the actual signed lease is problematic.

Regards,

Roger

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Answered on 6/02/08, 12:44 pm
John Davidson Law Office of John A. Davidson

Re: landlord-tenant

The issue, is the lease valid without you husband's signature? Probably. First because the tenant signed it you may enforce the terms of the lease. A lease or contract may be enforced as long as the party whom enforcement is sought signed it.

For the DJ to have jurisdiction there need to be a lease. Otherwise you may be looking at an action in ejectment.

If you have any questions feel free to contact me The initial consultation is free.

{John}

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Answered on 6/02/08, 5:35 am


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