Is the lease agreement we have with our basement tenant still legal if my wife's name is not on it?

Full question:

My wife and I are renting a room in our basement. Since it is in our personal residence we didn't think about writing a real detailed lease agreement. I just had the bare basics. The house is owned jointly with my wife, however the lease agreement does not have her name or signature on it. Is it still a valid lease legally? We still intend to honor it as such, but I was just curious.

Answer:

The applicable Pennsylvania statutes are as follows:

68 P. S. § 250.201. Leases for not more than three years

Real property, including any personal property thereon, may
be leased for a term of not more than three years by a landlord
or his agent to a tenant or his agent, by oral or written
contract or agreement.

68 P. S. § 250.202. Leases for more than three years

Real property, including any personal property thereon, may
be leased for a term of more than three years by a landlord to
a tenant or by their respective agents lawfully authorized in
writing. Any such lease must be in writing and signed by the
parties making or creating the same, otherwise it shall have
the force and effect of a lease at will only and shall not be
given any greater force or effect either in law or equity,
notwithstanding any consideration therefor, unless the tenancy
has continued for more than one year and the landlord and
tenant have recognized its rightful existence by claiming and
admitting liability for the rent, in which case the tenancy
shall become one from year to year.

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

Yes, a handwritten lease agreement can be legally binding as long as it includes essential terms such as the names of the parties, the rental amount, and the duration of the lease. However, it is important that both parties sign the agreement to ensure its validity. In Pennsylvania, leases for three years or less can be made in writing, but both parties should ideally sign to avoid disputes later on. *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.*