If a lease is signed by a business that is not legally registered, is the lease valid?

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If a lease is signed by a business that is not legally registered, is the lease valid?

Our lease states between “Business Name Here” herein after called landlord and “My Name here” herein after called tenant. I have checked and cannot find the business to be a legally registered business, if the business in question is not legit can the lease be voided. The lease was signed by whom I presume to be the owner of the business and does not include the business’s name in question. I cannot find the business registered with the state, county, or city I or he lives in and there are no Tax ID numbers to be found as well.

Asked on July 19, 2011 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Perhaps the name of the business is a fictitious business name? An out of state corporation or out of state limited liability company? Have you checked with your State's Department of Corporation for the name on the lease?

Have you gone down to the county recorder's office to see who the owner of record for the rented property is? If you have not, that would be the best way to see who the owner or record is to verify the name on the lease and the owner on recorded title. If the names do not match, then you might contact the person who you signed the lease with, the presumed owner about the inconsistencies.

If the signed owner on the lease was not the owner of the property (or authorized agent for the owner) then potentially your lease is void and of no force because the claimed owner had no right or authority to enter into the lease with you.

Good luck.


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