Is an unsigned lease for apartment rental enforceable by the landlord?

Full question:

Is an unsigned lease for apartment rental enforceable by the landlord? More specific, if the lease is for 2 parties and 1 did not sign, how does the landlord enforce, breaking of the lease or abandonment for the lessee that did not sign?

  • Category: Landlord Tenant
  • Subcategory: Residential Lease
  • Date:
  • State: California

Answer:

Acceptance of a contract can be made by actions as well as signature, such as acting on the lease by moving in and paying some consideration. The lease may also contain language stating that each tenant is individually responsible for the full amount of the rent.

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

A lease agreement may be considered void if it lacks essential elements, such as mutual consent, a lawful purpose, or if it involves illegal activities. Additionally, if one party was not of legal age or lacked the capacity to contract, the lease could be void. Also, if the lease violates state laws or regulations, it may be deemed unenforceable.