Is a rental contract legal if one of the people listed on it had someone else sign for them?

UPDATED: Sep 7, 2011

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Is a rental contract legal if one of the people listed on it had someone else sign for them?

I lived in an apartment complex recently and my husband was the one actually getting the apartment because he was the one working. He was not present to sign the contract for us to move in so the lady at the office told me to sign it and we would pretend that he was outside in the truck. Well now we owe them $3,400 because my husband lost his job and was unable to pay the bill. Now they have put this on both of our credit reports and I was wondering if the contract is legally binding since my husband wasn’t the one who signed it?

Asked on September 7, 2011 under Real Estate Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you signed the rental agreement for your husband and both of you resided in the unit where there is not $3,400 owed in unpaid rent, you are obligated under the agreement since you signed it and your husband as well even though he did not sign it, but you signed it for him.

The agreement for the lease is legally binding since you signed it and received the benefits of the rental by residing in the unit.

The agreement for the lease is legally binding upon your husband because he received the benefits of living in the unit and you signed the lease agreement as his agent in fact whether such was express or implied.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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