QUESTION
My moms lease came up. I then asked my brother sign a month to month lease on behalf of me. He signed a full year. Is the contract valid with his sig?
Asked on May 22nd, 2013 on Breach of Contract - California
More details to this question:
Moms lease came up. My brother lives with her. I had him go sign my name as my name is on the lease and I pay for the apartment. He was told by me to sign month to month, however he signed a full year. We need to move my mom out as she is old and needs to be in another facility. It's only been two weeks since the apartment was signed. Can I contest this as it was my brother who signed my name. Is the contract void? Please advise.
1 ANSWER
The contract is probably valid. Although your brother did not have actual authority to sign a year long lease, the landlord had no way of knowing this. By authorizing your brother to sign a lease for you, you probably gave him what is known as "apparent authority" to agree to a one year term. The landord was entitled to rely on this "apparent authority". You could assert a claim against your brother for exceeding his authority, but you probably don't want to do that.
Answered on May 23rd, 2013 at 12:29 PM