Is a lease valid if a non-owner sigend as landlord?

UPDATED: Dec 30, 2012

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Is a lease valid if a non-owner sigend as landlord?

We signed a lease for a rental property last month. We noticed it is in the daughter’s name as landlord/property owner but the mother is the one who signed her own name with no power of attorney attached. The daughter did buy the property 7months ago.

Asked on December 30, 2012 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the mother was acting as the employee or agent of her landlord daughter, the lease is valid; an employee or agent can bind her employer or principal.

The lease would also be valid if she had "apparent authority" to bind her daughter; that is, if a reasonable person would conclude in this case that the mother would have had the authority and would have been acting as either an employee or agent.

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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