What happens if a lease is not signed by the leasing agent?

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What happens if a lease is not signed by the leasing agent?

The agent never signed the copies of our lease. Under the Landlord Tenant Act in AL does this void the lease after the initial year? § 1.402. Effect of Unsigned or Undelivered Rental Agreement (c), “If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective for only one year”.

Asked on April 12, 2011 under Real Estate Law, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If by leasing agent you mean the landlord or company in charge of contracting with the tenant for the lease, then your rental agreement is either going to be the term of your lease whatever it is (say 6 months) or if it does provide for a lease term of longer than one year (say 99 years which is what we always learn in law school oh so long ago), then yes, it would only be valid for one year. This is not based on arbitrary law but the statute of frauds. One of the main components of the statute of frauds is that any contract that cannot be fulfilled in one year must be in writing, so think leases and loans.


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