Posted: 3/31/2011 3:31:35 AM EDT
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This strikes me as odd, a friend is describing his situation to me:
Three tenants. Say on February 28th, the year long lease for their apartment expires. On February 26th, without knowledge of either of the other tenants, one signed and "renewed" the lease for another year for all three tenants. Can one tenant do that? Renew a lease without getting a signature from the other two? There is *nothing* in the lease that refers to this. |
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Quoted:
This strikes me as odd, a friend is describing his situation to me: Three tenants. Say on February 28th, the year long lease for their apartment expires. On February 26th, without knowledge of either of the other tenants, one signed and "renewed" the lease for another year for all three tenants. Can one tenant do that? Renew a lease without getting a signature from the other two? There is *nothing* in the lease that refers to this. The general answer is no––one tenant cannot bind his/her co-tenants. But I would have to see the entire lease to answer the question definitively. It's possible that the in the original lease everyone agreed that any one of them could extend the lease on behalf of all of them. If there is such a clause, it's enforceability may also be questionable. Your friend should talk to a lawyer and have the lawyer review the lease. |
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Unless there is a provision in the lease for this, which probably would not hold up in court anyway, or the person who renewed has POA's for the other two.
The answer is NO. But for the person who signed the renewal they are now on the hook for the whole lease. the other two should leave and stick him with the rent. |