Should a copy of a Power of Attorney be submitted at the time of signing a residential lease?

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Should a copy of a Power of Attorney be submitted at the time of signing a residential lease?

I am about to sign a residential lease contract in the state of NJ. The landlord himself is not present and he has given POA to his wife who wants to sign the contract on his behalf. She has also shown me the notarized the POA document. However, shouldn’t I be have a copy of that document along with the signed lease? Will there be a legal problem in the future if I fail to produce the documentary evidence of the POA that I saw at the time of executing my lease?

Asked on January 9, 2011 under Real Estate Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would be advisable for you to have a copy of the POA  with the signed lease so that there would be a record that landlord's wife had the authority to sign the lease on behalf of the landlord.

It is unlikely there would be legal problems if you don't obtain the POA. In the unlikely event of a legal problem where you need to obtain the POA, if you are in litigation against the landlord, you could obtain the document by request for production of documents.  Another alternative in litigation would be to subpoena the POA. 


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