Do both the landlordand the tenant need an original signed lease agreement for it to be binding?

UPDATED: Apr 5, 2011

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Do both the landlordand the tenant need an original signed lease agreement for it to be binding?

I have a new tenant in my house. I made the mistake of letting him move in without the lease being signed andreturned to me. I also did not get any payments. He is someone I know and I thought I could trust him. I would like to know what my options are? I read in the AZ law that a rental lease needs to be signed and both parties are required to have original copies. I was wondering if I even have a binding lease?

Asked on April 5, 2011 under Real Estate Law, Arizona


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

Answered 11 years ago | Contributor

What you have is most likely going to be determined to be a month to month tenancy agreemnt with the "friend" and I use that term loosely.  What you need to do is speak with someone about serving a 30 day notice or a notice to pay orquit (someitmes called a 3 day notice but it depends on your state and the law). Landlord tenant issues are very tough to do on your own and tenants are often give the benefit of the doubt. And service is key to the matter and cases are often dismissed becuase service was not proper. That is why you need a good lawyer to help with this.  Good luck.

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