My tenants signed a lease but I didn’t give them a copy-is it a legal document?

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My tenants signed a lease but I didn’t give them a copy-is it a legal document?

I signed a year lease with my tenants but didn’t give them a copy of the lease. It wasn’t notarized. Is it legal?

Asked on June 28, 2009 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am not admitted in Colorado.  Generally, it is a good idea for all parties to a lease to have a copy of the signedlease.  It is a binding contract that sets out the rights and liabilities of both sides. It is unlikely that there is a notarization requirement for the lease, as long as it was entered in to with the same legailites as any binding contract: free will, by adults, consideration, etc.

Although it is their obligation to have a copy of the lease they signed, it is a good idea for you to give it to them so that in the event they violate the terms you are not caught looking like you did something wrong.  They are legally entitled to a copy.


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