Mountain View, CA asked in Business Law, Contracts and Landlord - Tenant for California

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?

2 Lawyer Answers
Julie King
Julie King
Answered
  • Monterey, CA
  • Licensed in California

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.

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

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.

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