How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35364
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I am just starting a five year lease. I want to make sure I

Customer Question

I am just starting a five year lease. I want to make sure I do all things right
JA: OK. The Real Estate Lawyer will need to help you with this.
Customer: Ok
JA: Have you talked to a lawyer yet?
Customer: No. I am the property manager of this home. I am exchanging upgrades to the property in exchange for a fixed rent for five years. My concern is what if the owner dies. Who will honor the kease
JA: Anything else you think the lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

If you enter into a fixed term lease with certain conditions for keeping the rent fixed, and the landlord dies, then his estate will have to honor the lease as long as they are the owner and then his heirs will have to continue to honor the lease once they inherit the house.

.

If his will directs the house to be sold, then the new owner would take the house subject to the existing lease.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

thanks

Barrister

Customer: replied 9 months ago.
Thank you. Do I need to write the kease in any certain way? I did it with witnesses But I just want to be sure
Customer: replied 9 months ago.
Or should I Pay someone like you to write it
Expert:  Barrister replied 9 months ago.

No, as long as it is signed by the landlord and you as the tenant, it is completely legally binding. No witnesses or notarization are necessary, but you can do so if you like.

.

And it doesn't make it any more legally binding if an attorney writes it up as opposed to you writing it up and clearly stating what you are agreeing to. Simple is better and you don't need a bunch of fancy "legalease" to make something legally binding. Set out what your agreement is in simple English, have both parties sign and date the agreement, and you have a binding contract.

.

thanks

Barrister

Related Real Estate Law Questions