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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117401
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We have served with law enforcment a notice to vacate on a

Customer Question

We have served with law enforcment a notice to vacate on a verb note to live in our rental. After served this the showed up at our lawyer listed on the paper lease never signed by myself or spouse. Signed and noterziedease on that day 7 days after served, with a 30 vacate. Now he hadded a lawyer send ours a letter that he has a signed lease and all is leg...but how can it be when we as the owners never signed it and it was signed by the tenant's and noterized 7 days after the fact? Any help...
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
When a landlord provides a lease, the landlord does not necessarily have to sign the lease as long as the tenant signs the lease the tenant is bound by the lease they signed. When the landlord provides the lease their agreement is tacitly implied if the tenant signs the lease. So if you provided the lease and they signed the lease it can still be deemed valid UNLESS your lease says specifically that it is not valid unless signed by the landlord. If your lease does not say that and it was a lease you provided, then your agreement is tacitly implied.
If your lease says it is specifically not valid unless signed by the landlord, then you can fight them for the eviction.
Customer: replied 12 months ago.
Here is a copy of the lease
Customer: replied 12 months ago.
a copy of this was serred to both listed...they have verbally attacked both my husband and I cops are always there and they his facts when intetviewing...that later came out and sadly have only lives there 2 months
Customer: replied 12 months ago.
Sorry for the typos my father fingers hit extra letters..
Customer: replied 12 months ago.
Fat...and auto correct is no help either
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.
You can go to court and argue that because you did not sign it is not valid and binding, but the problem is that if you did provide the lease your agreement can indeed be tacitly implied by the court. I would consider going to the court and arguing it is not valid because it was not signed AND they also breached the lease.
Customer: replied 12 months ago.
They sent a text requesting a copy on July 5th, 2016 to turn in to Thierry case worker to just prove what they were paying in rent. The were all over the verbal month to month. And we're late by 7 days on the Aug rent cause he was in jail again...
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.
They would then be in breach of lease even if the court finds the lease valid without your signature. However, you still have the argument as you said that it was never signed by you and was sent merely as proof of payment of rent and it was a month to month tenancy. Either way here they are in breach for being late not paying rent on time.

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