Q: My ex and I broke up. I want him to leave. I just realized our landlord never signed our lease. Is our lease valid?
My landlord is willing to do whatever to get him out. Does this make our lease an oral lease?
A: The lease can be enforced against anyone who signed it, and it might be enforceable if the intent to have a signed, written lease is apparent on the facts, such as emails, endorsing deposited rent checks, etc.
A: Under the facts as you stated them, the law in Virginia is as follows:
§ 55-225.25. Effect of unsigned or undelivered rental agreement.
If the landlord does not sign and deliver a written rental agreement signed and delivered to him by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord. If the tenant does not sign and deliver a written rental agreement signed and delivered to him by the landlord, acceptance of possession or payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant. If a rental agreement, given effect by the operation of this section, provides for a term longer than one year, it is effective for only one year.
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