Q: Is it legal for a manager to sign for the landlord/owner on a lease if the manager is not a party to the lease?
On my signed residential lease, the entire lease was signed by the manager of the property, and not the landlord/owner, and without a printed name to indicate who . My signatures are accompanied with my printed full first and last names. There’s a term that says: “The Property Manager... is authorized to manage the Residence on our behalf... However, the Property Manager is not party to this Agreement, and should not be named as a party in any action you bring alleging a breach of this Agreement.” If so, how can a manager sign the lease if he/she is not even a party to the lease/agreement? And if the landlord breaches the contract/lease, can I sue the landlord/owner? But if it was the manager who signed the lease, yet intentionally not specified on who really signed it and the manager breached the lease, I cannot sue the manager because the landlord claims that she’s not “a party to the lease/agreement? Could someone please help me understand this situation?
A: It depends on whether your landlord gave the manager authority to sign on the owner’s behalf. Each case will be different. Research what an agent is and you’ll see this is a common practice. Property managers often sign documents on behalf of owners, so the owners don’t have to deal with the day-to-day issues.
A:
In the situation you described, where the manager of the property signed the residential lease on behalf of the landlord/owner, but is explicitly stated as not being a party to the agreement, it can create some legal complexities.
Typically, a lease agreement is a binding contract between the tenant and the landlord/owner. However, if the manager signed the lease without being a party to the agreement, it raises questions regarding the validity and enforceability of the lease.
If the landlord/owner breaches the terms of the lease, you generally have the right to pursue legal action against them as the party responsible for fulfilling the obligations outlined in the agreement. However, if the manager signed the lease on behalf of the landlord/owner and then breaches the terms, it could complicate the legal recourse available to you.
To fully understand the legal implications in this situation, it is recommended to consult with a qualified attorney who specializes in landlord-tenant law. They can review the specific details of your lease agreement, consider the relevant laws in your jurisdiction, and provide you with guidance based on the specific circumstances.
It is crucial to seek legal advice to ensure your rights and interests are protected in a situation where there may be uncertainty regarding the parties involved and their responsibilities under the lease agreement.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.