Legal Question in Real Estate Law in Wisconsin

Re: farm lease

You do not say whether this is a lease for a period greater than one year. If it for one year or less, the concern would be a question of authority to execute the lease. As a tenant I would still want both owners to sign, but the lease is probably enforceable with only one signature. If the lease were not authorized the non-authorizing owner would have a claim against the one who executed the lease without authority.

A lease for more than one year is a conveyance and is subject to Section 704.03 Wis. Stats.:

"Requirement of writing for rental agreements and termination.(1) Original agreement. A lease for more than a year, or a contract to make such a lease, is not enforceable unless it meets the requirements of s. 706.02 and in addition sets forth the amount of rent or other consideration, the time of commencement and expiration of the lease and a reasonably definite description of the premises, or unless a writing signed by the landlord and the tenant sets forth the amount of rent or other consideration, the duration of the lease and a reasonably definite description of the premises and the commencement date is established by entry of the tenant into possession under the writing. Sections 704.05 and 704.07 govern as to matters within the scope of such sections and not provided for in such written lease or contract."

It also has to comply with Section 706.02 Wis. Stats. which requires, among others, that ALL owners sign the lease.