Is the lease agreement we have with our basement tenant still legal if my wife's name is not on it?
Full Question:
My wife and I are renting a room in our basement. Since it is in our personal residence we didn't think about writing a real detailed lease agreement. I just had the bare basics. The house is owned jointly with my wife, however the lease agreement does not have her name or signature on it. Is it still a valid lease legally? We still intend to honor it as such, but I was just curious.
10/18/2007 |
Category: Landlord Tenant |
State: Pennsylvania |
#10504
Answer:
The applicable Pennsylvania statutes are as follows:
68 P. S. § 250.201. Leases for not more than three years
Real property, including any personal property thereon, may
be leased for a term of not more than three years by a landlord
or his agent to a tenant or his agent, by oral or written
contract or agreement.
68 P. S. § 250.202. Leases for more than three years
Real property, including any personal property thereon, may
be leased for a term of more than three years by a landlord to
a tenant or by their respective agents lawfully authorized in
writing. Any such lease must be in writing and signed by the
parties making or creating the same, otherwise it shall have
the force and effect of a lease at will only and shall not be
given any greater force or effect either in law or equity,
notwithstanding any consideration therefor, unless the tenancy
has continued for more than one year and the landlord and
tenant have recognized its rightful existence by claiming and
admitting liability for the rent, in which case the tenancy
shall become one from year to year.