San Diego, CA · Member since 2016 · 19 posts · 6 votes
I just purchased an investment property. One of the tenants is elderly. I was just informed that her son has taken over her finances. There was no lease agreement in place when I purchased. The tenant wants to stay, but I'm not sure how to draft the lease. Has anyone ever done a lease where the tenant living there will not be signing the lease? Do i put the elderly mother's name as the tenant and just have her son sign it?
Rental Property Investor · Portland, OR · Member since 2019 · 73 posts · 49 votes
7y
I agree that the lease should be between you and your tenant. If the son wants to sign then he should do so using a valid power of attorney (or court appointment as a guardian/conservator). You should review the power of attorney document to ensure it allows him to enter into such contracts on behalf of the parent.
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y
I’d still have the mother sign the lease, as the tenant. The son could be a co-signer, or not. He is simply writing the checks, I assume, and perhaps be your point of contact.
@Dan B. The lease is between you and the tenant. Write it up as normal and give him a copy and have him sign your copy and his to say that he's received a copy.
Rental Property Investor · Portland, OR · Member since 2019 · 73 posts · 49 votes
7y
I agree that the lease should be between you and your tenant. If the son wants to sign then he should do so using a valid power of attorney (or court appointment as a guardian/conservator). You should review the power of attorney document to ensure it allows him to enter into such contracts on behalf of the parent.
Property Manager · Los Angeles, CA · Member since 2017 · 216 posts · 110 votes
7y
Regardless of who signs the lease, the mother will at the least be an occupant so her name should appear at least as such. Talk to the son and ask for some guidance on how to mutually agree to an appropriate solution going forward.
For example, if the son will be making all payments with his money, then it may make sense to have the lease in his name with his mother as an occupant. If the son will only be assisting his mother and she signs all checks and documents, the son may not have any reason to be on the lease at all.