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Is it fair to say that if a lease is not sign by the property owner that it is not honored as a validated contract? The le...

Is it fair to say that if a lease is not sign by the property owner that it is not honored as a validated contract? The le...

Full question:

Is it fair to say that if a lease is not sign by the property owner that it is not honored as a validated contract? The lease that I have is not signed, furhter more I found out that the com[pany we did the lease with owes the protperty owner. The had another company take over and they stated that it was ok for us to stay in the house and not to worry about September's rent, but to pay October's rent. Well we have not recieved a lease from this management company, and they are asking for proof of payment for September and wants Octobers rent. They havee not done a full inspection, and have not fixed anything in the house such as the stove, furnace, anda window downstairs. There is also s tove in the back yard that they need to remove for safety reasons. There are children in the house ages 5, 4, and 4 months old.

Category: Contracts
Date: 04/07/2025
State: Colorado

Answer:

A signature is a symbol that signifies intent. The definition of "signed" in the Uniform Commercial Code includes "any symbol" so long as it is "executed or adopted by a party with present intention to authenticate a writing." The primary focus is on the "intention to authenticate". A signature may signify an intent to be bound to the terms of the contract, however, other manners of acceptance may be made, such as performing under the contract. The Statute of Frauds requirements can still be enforceable if there’s been “partial performance.”
That occurs when the buyer or seller have done something that shows they’re holding up their end of a deal. By performing part of the agreement, they’ve gotten far enough along so that it would be unfair to not enforce the contract and leave them empty handed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does a lease have to be countersigned?

A lease does not necessarily have to be countersigned to be valid. However, a signature from both parties typically indicates mutual agreement and intent to be bound by the terms. If one party performs under the lease, such as paying rent, it may still create enforceable obligations even without a countersignature. It's important to document any agreements and actions taken by both parties to support your position.

Is a lease valid if I didn't sign it?

A lease can still be valid even if you didn't sign it, especially if there has been partial performance, such as paying rent. The actions of both parties can indicate acceptance of the lease terms. However, the lack of a signature may complicate enforcement, so it's crucial to keep records of payments and any communications regarding the lease.

Is an unsigned lease enforceable?

An unsigned lease can be enforceable if there is evidence of mutual acceptance, such as rent payments or actions taken by either party that demonstrate agreement to the lease terms. Courts may recognize a verbal agreement or implied contract based on behavior, but the absence of a signature can make enforcement more challenging. Documenting all interactions is advisable.

What are red flags in a lease agreement?

Red flags in a lease agreement include unclear terms, lack of a signature, demands for cash payments, and the absence of necessary repairs or maintenance. If the landlord or management company is unresponsive or makes unreasonable requests, such as proof of payment without a signed lease, these can also be warning signs. Always read the lease carefully and address any concerns before signing.