Anonymous asked in Business & FinanceRenting & Real Estate · 1 month ago

Who needs to sign the lease in this situation?

I am signing a lease for a new tenant. His power of attorney or trustee picked the apartment for the guy because he is disabled of some sort. he is 61 years old. I'm not sure if he's physically or mentally disabled. Only he is going to be living as a resident. She has poor credit, so I had to get a guarantor to the lease. So there is 3 parties involved. I have a guarantee addendum for the guarantor to sign. 

Do I need to have the trustee and the tenant sign the lease? or just the trustee? or just the tenant?

6 Answers

  • 1 month ago

    The trustee is responsible for the tenant.  If the tenant were able to make decisions on his own, he wouldn't need a trustee to handle his affairs.  The guarantor needs to sign it too.

  • 1 month ago

    I would ask why he needs a POA.

  • Amy
    Lv 7
    1 month ago

    Only one party needs to sign the lease (plus the guarantor needs to sign their bit). 

    The PoA can do it. Or the tenant themself can sign, unless they have been legally declared incompetent. 

  • 1 month ago

    The POA would sign for the tenant. A lease is a legal agreement & the POA has authrity over all legal matters for that person. The trustee only handles payment.  You should not have ran credit on anyone but the tenant so no idea what "she" you are requiring a gurantor for.  That gurantor agreement would be invalid. 

  • What do you think of the answers? You can sign in to give your opinion on the answer.
  • 1 month ago

    If "she" in the statement is the power of attorney, her credit does not matter.

    The power of attorney is NOT party to the lease and not responsible for paying on the lease. The power of attorney and the renter for all intensive purposes, the same person.

    We don't know who you are referring to as the "trustee".  A POA does not make someone a trustee. 

    If the renter does not have high enough income or high enough credit, then you can get a co-signer. 

    Who would sign the lease:

    renter or individual with power of attorney.  If the POA signs, make sure you get a notarized copy of the power of attorney documents (notarized by the renter).

    the co-signer if needed. 

  • 1 month ago

    Strictly, you need not concern yourself with the relationship between the trustee and the tenant. Legally the trustee is the actual tenant. That said, for what lawyers call more abundant caution, there is no harm in having the person you call the tenant sign as well. Make sure the guarantor signs.

Still have questions? Get answers by asking now.