Legal Question in Landlord & Tenant Law in Washington
lease agreement and property condition report
My landlord faxed the lease agreement to me which I signed and faxed back. I only have a photocopy of the faxed lease without the landlord's signature. If she signed the lease that I faxed her and did not sign the copy I have, is the lease voidable? Also, I have the original Property Condition report with only my signature on it. Washington law requires the landlord to have signed it and provide a copy to me. I gave the landlord a copy of the report (not the original) with my signature on it. If the original report is not signed by the landlord, then is the report void and am I entitled to have my entire security deposit returned?
1 Answer from Attorneys
Re: lease agreement and property condition report
I believe the lease would be valid and enforceable. You were provided a copy of each. As long as the landlord and the tenant has signed copies of the same document, the parties are in agreement and a valid contract would most likely be confirmed by the court. Perhaps if the landlord did not sign the property list you may have a claim there. Don't get caught up on whether an "original" was signed versus a copy. A copy is as good as an original if it is signed -- the court will not get caught up with such minor issues as whether the orginal document versus a copy was signed. However, if a party did not sign any document (checklist) as should have done so, that is obviously a different issue.