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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9850
Experience:  Commercial and residential leases in NY & NJ & US
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Can i renew my tenant's lease without my wife's approval?

Customer Question

can i renew my tenant's lease without my wife's approval? Her name is ***** ***** house and she wants to move back in but can't afford the mortgage. I don't want a foreclosure.
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 6 months ago.
Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.What state are you in? Did you both signed the original lease?
Customer: replied 6 months ago.
PA. Both names are ***** ***** lease.
Customer: replied 6 months ago.
Thanks for your help. My name is Jon.
Expert:  Richard - Bizlaw replied 6 months ago.
I will have to do some research and get back to you later today.
Customer: replied 6 months ago.
Ok great. Thank you
Expert:  Richard - Bizlaw replied 6 months ago.
I did some research and found a case in PA that appears squarely on point. The case is Willis-Winchester Co. v. Clay, 293 Pa. 513, 143 A. 227 (1928) This case holds two things. First if a lease was signed by all the owners, a single owner cannot renew the lease and bind the other owners. Even if the owners are considered co-tenants of the property, a co-tenant cannot bind the other tenants without their permission. I am sorry to say that in light of the case, you and your wife have to both agree to rent the property.If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

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