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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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