Married landlords - should one or both sign the lease?

Question

My wife and I recently purchased a duplex as a rental property investment. My question is, do both my wife and I have to sign the lease as landlords or can it just be one of us? This is in Texas, which is a community property state.

Karen Margrave · Answer

It depends on which state you're in, and how title is held. It's always best to have both parties sign, that way it's legally binding. It seems that having only one party sign (if they're both on title) would create a 'voidable' contract.

Michael Jackson · Answer

I was planning on 100% not re-renting with this person.  He has great credit, but is the first inflammatory tenant to neighbors and more importantly, my first ever problem tenant...consistently!

I leaned a valuable lesson....First impressions!  He caused me much grief and was very demanding and controlling with the signing of the lease/providing a deposit (in the beginning)!!  Unfortunately we signed a 2 year lease with this prick, so gotta try to get through till 7/2017!  I just pray that he needs a reference in the future.

I also was thinking about deducting for the scratch and didn't say anything for a few months.  But we had an HVAC replacement, and there was an additional scratch made by that contractor.  So I brought up his scratch at that time to clarify....mistake, especially with this trouble tenant.

A week later the tenant broke the front fence, which was weathered anyway.  He reported that it fell over. Luckily front fences are covered by the HOA and they replaced it for free.  All of the neighbors and the HOA I'm sure realize that he did it, just no one can prove it.

I really appreciate your answer to my post!  It makes sense and you gave me awesome info.

THANK YOU SO MUCH BILL S, and please send me your contact info.  Maybe we can do business in the future.

Bill S. · Answer

@Michael Jackson A few thoughts.

1) Lesson learned. No I don't think you can make him talk to you unless there is something in the lease requiring him to. Goes the same way with tenants. For example a couple separates and only one signs your lease, you wouldn't go and let the other one have the same rights as the one you rented to (ie occupy the unit). Fix that for the next round.

2) Time to find a new tenant. Anyone that pulls that stuff is gone as soon as possible. Your wife should provide written notice that the lease will not be renewed or that the MTM agreement ends as soon as allowed.

3) What does getting have them for a scratch on the floor accomplish. It creates and adversarial situation with no opportunity for resolution. Let it go. When they move out fix it and charge them for it. End of story. Let go of your emotional attachment to the property. If scratching the hardwoods is all that is done, you are in great shape.

Rent on.

Michael Jackson · Answer

We are a couple with a rental property in Denver, CO.

My wife signed a lease with a tenant, who won't cooperate with me (I'm the husband) because he (the tenant) says that "I'm not the landlord on the lease".

He is difficult with me because I am the one to do most of the management/maintenance/ security deposit/arranging repairs.  So when I reported to him a scratch in the flooring, this is the excuse he came up with...."I don't won't deal with you because your not on the lease, only your wife".

Being married to my wife, do I have the right as her agent to do the management, or is there a way she can clarify to him that I am her agent, to force him to allow me to do the management?

I appreciate your response.

Robert Adams · Answer

whomever's name is on title

Kyle Hipp · Answer

My wife and I technically own a couple rental properties but only one has her name on title. She is not on the lease as lessor and I handle it all for the most part. How ever she can do anything in the business if we were to want to do that as she would be my assignee.

My father and I co-own a duplex and I handle the day to day operations. His name is on the lease with mine but mine is the only signiture. He retains the authority to do anything he wishes as named on the lease but was not required to sign it as it only requires one signiture, I suppose I could even have someone I designate sign the lease on my behalf and still have it be binding.

Tom S. · Answer

Similar to Kyle,  I manage my properties and I'm the only one who signs everything.  Only two times I've had to get her signature in day to day management: one time I had to do an eviction, and one time I received an insurance check that came in both of our names.

For the eviction, an attorney reviewed my leases with my signature only, and said there was no issue.  She only had to sign the complaint that we then filed to start the eviction.

Hope that helps too,

- Tom

Kyle J. · Answer

My wife and I own a number of houses together, but I handled everything related to our investing -- including the leasing of the properties.  Consequently, my wife does not sign anything.

You have the right to rent out your house, and you don't need your wife's signature on the agreement for it to by valid.

I've heard of landlords doing it both ways (having both spouses sign vs just one spouse), but the vast majority that I know only have one spouse sign it (whichever one is most involved in the leasing of the properties).

Hope this helps.

Married landlords - should one or both sign the lease?

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