Can I sign a lease in my wife, the owners, name? Or do I need to be officially a manager?

5 Replies

Our first property is still solely in my wife's name.  I do all the management of our rentals, and the others are in both our names.  Can I sign a lease, or what do I have to do to be able to sign?

I do not give legal advice, I am not in the an attorney.  You may want to consult the landlord tenant attorney in your area. I will share my opinion, I would only sign if I had a power of attorney from my wife authorizing me to sign.

You have to look at if you ever had to evict a tenant would there be a possibility that the court could thrown out your eviction case because you did not have the legal authority to sign the lease agreement.

Have to go through an eviction is bad enough, but to have an eviction case thrown out because you did not do the proper steps or did something wrong on the paperwork is even worse.

Management contracts that property management companies use are limited power of attorney's and give authority for the management companies to perform certain acts for the owner, such as signing lease agreements.

Woops, duplicate.  Sorry :-)

Originally posted by @Johann Jells :

Our first property is still solely in my wife's name.  I do all the management of our rentals, and the others are in both our names.  Can I sign a lease, or what do I have to do to be able to sign?

You should be able to draw up some type of agreement that says you are her agent, and spells out what you can and can't do on her behalf.

I found this free New Jersey limited power of attorney form online. I've never used it, I just Googled and found it:

http://powerofattorney.com/new-jersey/limited-powe...

From the description, it looks like it would work.

Originally posted by @Sue K. :
Originally posted by @Johann Jells:

Our first property is still solely in my wife's name.  I do all the management of our rentals, and the others are in both our names.  Can I sign a lease, or what do I have to do to be able to sign?

You should be able to draw up some type of agreement that says you are her agent, and spells out what you can and can't do on her behalf.

I found this free New Jersey limited power of attorney form online. I've never used it, I just Googled and found it:

http://powerofattorney.com/new-jersey/limited-powe...

From the description, it looks like it would work.

Thanks. Got her to sign the lease today, and hopefully by the time we next turn over a unit the properties will have been transferred into our LLC and it will not be an issue.

Another awesome tenant, BTW. We want to adopt her!

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