i recently entered a lease and was told I could move in all was signed. After a week the husband tells me its not valid due to him not signing.

Asked by jackievanka, Beverly Hills, CA Sun Jan 27, 2013

This is in los angeles, he wants to amend the lease but his wife is the sole owner of the house, Is the lease valid?

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Ron Thomas’ answer
Ron Thomas, Agent, Fresno, CA
Sun Jan 27, 2013
Realtors do not answer questions about LEGAL issues;
That said; you should be ok, especially in California.

You haven't moved in, and you've already got a BIG RED FLAG!
Are you sure you want to jump inot this?
1 vote
Sona Gallatin, Agent, Santa Clarita, CA
Sun Jan 27, 2013
Sounds like there's a problem already, are you sure you want to rent here? A lease is between potential tenant and whoever is the legal owner of the house. Check out your other options before you get into a lease with these people.

Good luck
0 votes
Douglas Perez, Agent, Los Angeles, CA
Sun Jan 27, 2013
It sounds like you have a legal binding agreement.

What is it that he wants to amend?
0 votes
Janey Bishop, Agent, Encino, CA
Sun Jan 27, 2013
Sounds like you don't have a signed copy but do you have any other proof of the acceptance, like an email? What is the husband's reason for holding it up? Sounds like he wants some other terms. If the terms are agreeable and you are prepared to deal with this man long term then proceed with caution. Otherwise look for something that offers long term peace of mind.
0 votes
Ron Escobar -…, Agent, Beverly Hills, CA
Sun Jan 27, 2013
You should consult with a licensed attorney. That said, you have a questions that is at the cutting edge or open to arguments on both sides.... since he is not on title he should not have the right to alter the contract... especially post-facto (once you have an agreement and consideration in the form of deposit)... however California is a"community Property" State... that means husbands and wives have rights on each other property...

At the end of the day, the legality of it does not matter... I never do business with anyone I cannot trust with a good hand-shake... because going to court is a losing proposition for all involved... if the guy is not standing by the contract from the beginning, then you would be wise to move on and not get more involved with them.... look for other places.. with people that honor their word...

Ron Escobar
0 votes
Very intelligently written and I couldn't agree more with the philosophy.
Flag Sun Jan 27, 2013
Emily Knell, Agent, Huntington Beach, CA
Sun Jan 27, 2013
It has been my experience that although you're dealing with a landlord who is married, she CAN still own the property as "Married Sole & Separate".

I just closed a home where this was the case & we didn't need the husband to sign anything. The husband thought the home was going to go to total foreclosure, but I worked with the wife only & saved it as a short sale.

You should consult a Real Estate Attorney on Monday morning.

Shoot me an email directly if you'd like to talk about this further, I don't look back on this same Trulia thread for answers posted after mine.

Emily S. Knell
562-430-3053 c
Realtor Since 1996
Realty ONE Group
Short Sale Specialist - 99.8% closing success rate!
0 votes
carlos parra…, Other Pro, Monrovia, CA
Sun Jan 27, 2013
Have you paid a deposit?
If not, likely you cannot force them to do anything. If you have, I suggest you get an attorney
0 votes
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