Can a landlord terminate a fixed lease agreement?

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Can a landlord terminate a fixed lease agreement?

This is a situation that my son is dealing with. His wife leased their house while he was hospitalized unbeknown to him. They are now getting a divorce and her name will be taken off the deed of the leased property. He wants to move back into his house. Does he have the right to terminate the lease? She signed the lease as the sole owner for 2 years. He did not sign. It is not notarized nor does it include any landlord rights.

Asked on February 25, 2012 under Real Estate Law, Vermont

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your son's wife lease a home that he had an interest in (where she also had an interest in it as well), the lease unfortunately is binding with the tenant until it ends unless the tenant knew that the wife did not have the authority to bind her husband into the agreement.

Under the laws of all states in this country, a joint owner of real property can bind the other owner of the property to a lease under agency law unless the person (tenant) knows that there is another owner who needs to give his or her approval to the agreement.


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