Will the bank accept my lease, even though the landlord did not sign it?

I been living in a studio for 2 months now and it turns out the house is foreclosure. Then, 2 days ago, I received a letter for a cash for key for $2,000. And yesterday I received the Notice for Possession letter. I have proof of all payments and emails some in regards to the contract, however the contract is not sign by landlord, I signed it and emailed it back once they decided to move forward. I don’t know if I will find the original copy either, I am working on that. There is a high chance it is located in my friends truck which I used to move. Will the bank accept my lease, even though the landlord did not sign it?

Asked on March 22, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They may accept the lease since it is accompanies by other proof (e.g. of payments you made; the emails you refer to) which show that the landlord had accepted you as tenant. A contract or lease can be formed by behavior as well as by signing; if it is clear that there was a valid lease, referring to the other evidence you have, that may be enough.


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