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?
2 Answers from Attorneys
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
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}