Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I signed a lease with a woman (wife of the title owner of a…

Customer Question
I signed a lease with...
I signed a lease with a woman (wife of the title owner of a condo) and 4 weeks in there was a foreclosure notice on my door. Is this lease valid even though I did not sign it with the husband, the title owner? I want to know if this lease is binding and I have rights as a legitimate tenant. The checks were made to her and I believe she is hiding the money as her and her husband are going through a divorce.
Submitted: 3 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
6/4/2015
Real Estate Lawyer: J. Warren, Lawyer replied 3 years ago
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,250
Experience: Experience in residential real estate and commercial leases.
Verified
Hello my name is ***** ***** I look forward to providing you information. Please note:
(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and
(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Sorry you are dealing with this situation and are caught in the middle of a property ownership divorce. As long as the person (landlord) that signed the lease is a titled owner (on the deed) the lease is valid and the tenant is the entitled to all the protections as a tenant and under the state's landlord tenant act.
All my best & encouragement.
Kindly remember the only way experts receive any credit at all for spending time with customers is if you click on ok, good or excellent service even though you have made a deposit or are a subscription customer. You must complete the rating for the expert to receive any credit. If, for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.
All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Ask Your Own Real Estate Law Question
Customer reply replied 3 years ago
Thank you. The woman I signed the lease with is not on the title, her husband is so based on your answer my lease is invalid correct?Do I have any rights at this point? I live there and got a notice posted on my door that the foreclosure sale is set for 6.23.15. I stopped my rent payment for this month and the woman is still asking for my money. She also has all my financial information as she requested it so I could rent the place. Can we ruin my credit if the lease is not valid? Thanks for your help
Real Estate Lawyer: J. Warren, Lawyer replied 3 years ago
Thank you for clarifying that she is not on the title. The lease is not valid, a person may not lease property which either she does not own or for which she is not an agent with authority granted by the owner. She did not have the legal authority to lease if not an owner and the agent of the owner.
Now you believed she was the owner and she presented herself as such so you still are protected under the landlord tenant act. She can't enforce a lease agreement which she had no authority to enter into. In other words, she lacks the standing to evict based on non-payment of rent. Any information reported to the credit bureaus (which likely would only be an eviction-which she cannot get) could be disputed and removed as inaccurate based on the agreement being invalid.
From a practical standpoint, if I were in your shoes, I would be looking for a new place to rent immediately and vacate the premises just to avoid potential headaches down the road.
All my best & encouragement.
Kindly remember the only way experts receive any credit at all for spending time with customers is if you click on ok, good or excellent service even though you have made a deposit or are a subscription customer. You must complete the rating for the expert to receive any credit. If, for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.
All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: J. Warren, Lawyer replied 3 years ago
I also wanted to mention that you are not a trespasser as you were under the reasonable belief that the wife had the right to enter into a lease. If the husband wants you to vacate he would have the right to give you a notice to quit and if you fail to leave could file for an eviction. Before it comes down to an actual formal eviction (which could harm your credit) it would be prudent for you to leave.
Potentially the wife could be held liable for your expenses for moving. This would be a legitimate cause of action that could be filed in small claims. The husband may also ratify the lease agreement and has the ability to allow you to stay on the premises under the terms of the current lease agreement or can enter into a new lease with you.
All my best & encouragement.
Kindly remember the only way experts receive any credit at all for spending time with customers is if you click on ok, good or excellent service even though you have made a deposit or are a subscription customer. You must complete the rating for the expert to receive any credit. If, for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.
All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: J. Warren, Lawyer replied 3 years ago
Please let me know if I can provide further information. Best of luck resolving this unfortunate situation.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask J. Warren Your Own Question
J. Warren
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,250
2,250 Satisfied Customers
Experience: Experience in residential real estate and commercial leases.

J. Warren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Year ago me and my husband bought a property in Carlsbad. In
Year ago me and my husband bought a property in Carlsbad. In a Feb we made refinance and my husband is making Grant Deed and put his daughter's name as single woman and joint tenant. According this do… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
The president of my condo hoa is saying she is going to begin
The president of my condo hoa is saying she is going to begin charging for her time in answering questions bc it is taking time out of her work?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in Parc Lofts- a non-profit 72 unit building in Overtown,
I live in Parc Lofts- a non-profit 72 unit building in Overtown, Miami, Fl. My condo Board took title to 4-5 through foreclosures as a result of those owners not paying the Condo Association dues. Tho… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,350 satisfied customers
I have a foreclosure/tenant/rental question. I own a condo
I have a foreclosure/tenant/rental question. I own a condo a Florida that is in foreclosure. It was originally my primary residence, but after losing my job in late 2009 I declared bankruptcy and move… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Can an owner of a residential piece of property lease it out
Can an owner of a residential piece of property lease it out for a "life lease" without consulting the other title holder?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
We are currently living in a condo. We extended our lease
We are currently living in a condo. We extended our lease agreement for 2 more years (18 months remaining). The owners offered us the opportunity to buy the apartment at the end of our lease, verbal o… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
dennis waters, deland, fl. I own many rental properties in
dennis waters, deland, fl. I own many rental properties in central fl. as part of a lease, a third party guaranty ( co-signer) document was used. It starts with I, UNDERSTAND THAT ( my wife's name ) (… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
On behalf of a friend, Rosa ,I contacted a condo owner about
On behalf of a friend, "Rosa",I contacted a condo owner about his ad to rent his condo. The owner forwarded Rosa's information to his leasing agent. The agent contacted Rosa, and Rosa completed a cred… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
when i receive security deposit, do i have to put it in an
when i receive security deposit, do i have to put it in an escrow account? Can i use the money on something else and pay the renter the money back from my account in the future? thanks for your help.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I anwered an ad for a room to rent by a condo owner who is
I anwered an ad for a room to rent by a condo owner who is in foreclosure and being sued by condo association for nonpayment of maintenance fees. This owner filed Ch 13 bankruptcy but surrendered the … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I am currently leasing a condo in Hiawassee, Georgia that went
I am currently leasing a condo in Hiawassee, Georgia that went into foreclosure on October 5th. An attorney from the bank informed me that I would have 10 days to vacate the property. I signed the lea… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
If a farm lease is signed by 1 co-owner (husband and not wife)
If a farm lease is signed by 1 co-owner (husband and not wife) is the lease valid in ky. Here is the situation, at the time owners were husband and wife seperated, now divorced and wife now owns prope… read more
socrateaser
socrateaser
1,031 satisfied customers
I am a tenant in the state of Michigan. A foreclosure notice
I am a tenant in the state of Michigan. A foreclosure notice was just posted on my door this week,and the Sherrif's sale is August 11th. What are my rights, and who should I continue to make my rent p… read more
Real McCoy property law
Real McCoy property law
Juris Doctor
307 satisfied customers
In a nutshell...I just found out that the home that I currently
In a nutshell...I just found out that the home that I currently reside has foreclosed and supposedly purchased by someone that is trying to get me to pay a full month rent for April and again in May. … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Im currently renting a condo. The other day i received a notice
Im currently renting a condo. The other day i received a notice on my door step that the property (condo) was going up for auction on the 5th of April. I spoke to an assessor and was informed that the… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My daughter signed a 1 year lease in August for a condo apartment
My daughter signed a 1 year lease in August for a condo apartment in Minneapolis with an individual referred by a realtor on a apartment in a high-rise building. She has paid a deposit and has been pa… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
for 2 1/2 yrs I have lived in a property that went into foreclosure
for 2 1/2 yrs I have lived in a property that went into foreclosure Jan 2009 I have a 30 yr lease. I am disabled the most significant an anxiety disorder. A woman called said she bought my condo from … read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
We live in a 4 unit condo building in IL. One of the units
We live in a 4 unit condo building in IL. One of the units is rented, however, the lease was signed by the rental agent on behalf of the unit owner. The rental agent has no Real Estate License. Furthe… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x