Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
So do you have a photocopy of the lease signed by both parties?
Ok, it is not necessary for everyone to have a "wet" copy (i.e. original ink) in order for it to be legally binding. If you signed and the landlord signed then the lease is entirely legally binding on both parties, even if both of you only have a photocopy. As long as there aren't changes or conflicting terms in your copy and the landlord's copy then both are completely valid. With technology where it is today, the courts don't require original ink signatures on contracts any more..
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
Sorry for the delay, busy online tonight with lots of customers..
What if she destroys her copy and says we both agreed to that? I have nothing then, right?
That doesn't mean anything legally. You have a binding copy.. A lease is not like a will where it is mandatory to have an original signed ink document. A lease is binding whether it is a copy or an original as long as it is signed by both parties.
Now if she destroyed your copy and hers, then she can argue that you are just a month to month tenant...