Is the lease valid if my husband didn't sign it?

Full question:

My husband and I found a house that we were interested in renting...we viewed the home, and decided we wanted to rent the home. Since my husband works out of town, I was to meet with the realtor representing the property to look over the lease . I met with the realtor and signed the lease. We are to move in on the 15th of November. There was an agreement that we could move a few things into the house on the 9th.( Our storage unit payment was due on the 10th, and wanted to avoid having to pay an entire month) While moving a few things in that evening...a neighbor walked by and after talking with him for a moment realized he was a really bad alcoholic or some sort of druggy??? I have 3 small children and am pregnant with our 4th and as I stated earlier, and my husband works out of town during the week. So, you can see my concern with the crazy living next door! My question is...Is the lease legaly binding since my husband never signed it? I have the original copy that the realtor gave me and I have no idea if she made a copy of where I signed it? I know that there is a law or policy that states your income must be at least 3 times your rent payment and of course by my husbands income it is, but I, however am NOT employed at all so?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Virginia

Answer:

In Virginia, a rental agreement can still be valid even if one party has not signed it. According to Virginia law, if a tenant accepts possession of the rental property or pays rent without reservation, the rental agreement is treated as if it has been signed by both parties (Va. Code § 55-248.8). This means that your signing the lease may create a binding agreement, even without your husband's signature.

Furthermore, the landlord must provide a copy of the signed rental agreement to the tenant within one month of its effective date. However, the lack of a signed copy does not invalidate the agreement (Va. Code § 55-248.7). As for your financial situation, the law does state that income requirements can be considered, but your husband's income may still meet the criteria even if you are not currently employed.

For specific legal advice regarding your situation, it may be beneficial to consult with a local attorney.

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

What happens if you don't tell your mortgage company you are renting your property?

If you rent out your property without informing your mortgage company, you may violate the terms of your mortgage agreement. This could lead to penalties, including foreclosure. Lenders often require notification to assess risk and may adjust your mortgage terms accordingly. It's essential to review your mortgage agreement and communicate any changes to avoid potential legal issues.

What is a major risk the seller faces if they rent the property back from the buyers after closing?

A major risk for sellers renting back from buyers is the possibility of eviction. If the new owners decide to terminate the rental agreement, the seller may have to vacate the property on short notice. Additionally, if the seller fails to pay rent, they could face legal action. It's crucial to have a clear rental agreement to outline terms and protect both parties.

How long can someone live with you without being on lease?

The duration someone can live with you without being on the lease varies by state and lease terms. Generally, if they stay for an extended period, such as 30 days, they may be considered a tenant and gain certain rights. It's essential to check your lease agreement and local laws to understand the implications of having someone live with you.

What happens if you rent out your primary residence?

Renting out your primary residence can have several implications, including tax obligations and potential changes to your mortgage terms. You may need to inform your mortgage lender and check local zoning laws. Additionally, if you rent out your home, you may lose certain tax deductions related to your primary residence. Always consult a tax professional or attorney for specific advice.

Can landlords look up rental history?

Yes, landlords can look up rental history as part of the tenant screening process. They often use background check services to verify past rental agreements, payment history, and any evictions. This information helps landlords assess the reliability of potential tenants. However, they must comply with fair housing laws and obtain consent for background checks.

What happens when you turn your primary residence into a rental?

When you turn your primary residence into a rental, you may need to adjust your insurance policy, inform your mortgage lender, and comply with local rental regulations. You may also be subject to different tax implications, including the possibility of capital gains tax when you sell the property. It's advisable to consult with a tax professional and review local laws before making the change.