Detroit, MI asked in Landlord - Tenant for Colorado

Q: Is a lease completed and formal if the lease is signed by tenant's but not by management nor landlord?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: If the landlord has partially or wholly performed (i.e. given the tenant the keys and/or accepted rent) then an agreement has been created. Arguably, the terms of the written lease were not accepted, but an oral (and presumably month-to-month tenancy) has been created.

The "new" written lease can be validated by signing a new lease document by BOTH parties (a clause can be added to include a retroactive portion). Of course, the tenant is not required to accept the "new" written lease. If a disagreement occurs (and assuming a month-to-month lease was created), either the landlord or tenant can terminate the agreement by providing a one month notice of termination (i.e. send notice in January and the lease will terminate by the end of February--assuming payment occurred at the end of the month).

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