Flipper/Rehabber · Mount Juliet, TN · Member since 2014 · 107 posts · 36 votes
I'm meeting one of my two new tenants at the property on Saturday to sign the lease and collect the deposit and 1st month's rent. His wife still lives in Florida and is the co-applicant. Is it okay for me to accept an e-mailed copy of her signature on the lease or should I ask that she overnight mail a copy with wet ink on it? Does it matter?
I have most of my leases scanned by one party or another and anymore I don't ever have a paper copy of my own. That being said, the lease is there to protect you if you have to go to court. Your biggest concern would be whether a judge would buy the tenant saying "I didn't sign that" anymore with a printed copy vs. a signed original. I personally have no qualms risking it. On the off chance I did end up in court with a tenant, I can't imagine them trying to prove they didn't sign the lease and slim to none that a judge would rule in their favor if you present a copy of the lease and not an inked original.
I'm not a lawyer, and would suggest you consult one if you're not sure how best to proceed.
@Jason Krawitz Do you have access or know anyone who has access to a program like Docusign? If so, that would be a much easier route to go. The ability to electronically sign really comes in handy with situations like this.
Not giving legal advice, but my understanding of the Uniform Electronic Transactions Act is that digital copies of a signed contract carry the same weight as the original copy.