Can I sign a scanned and printed version of a lease by my tenants? (tenant, rental property)
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I live in Maryland but have rental property in Missouri. I sent my last tenant a pdf of the lease and they printed it out, signed it, scanned it and emailed it back to us where we printed out the signed pdf signed our part of the least and then scanned a final copy and sent it back to the tenant to have a copy.
So there is never really a single document with original ink from all parties.
Is this okay? I tried to research it online, but couldn't find a solid answer and I want to make sure as I'm signing a new lease with new tenants.
Don't see any reason why not. In my state, it doesn't even matter if everyone signed the same piece of paper at all, just that they all signed identical documents (it's called counterparts). So I could take 2 copies of the lease, the tenant sign one and I sign one and that is a legally binding contract, as long as the 2 copies are otherwise identical.
While counterparts may or may not be allowed in all states or all types of contracts, you aren't talking about going that far. You have all signatures on the same piece of paper, just not original ink. I can't see any reason why that would be a problem.
Even on real estate purchase & sale contracts, you don't end up with all parties' ink on the same piece of paper most of the time, other than maybe on the actual closing documents. Digital signatures through Docusign or Authentisign are even considered legally binding on real estate contracts in many (most? all?) states now.
HOWEVER, the question of whether or not you should be renting out a property 1000 miles from where you live when you aren't familiar with rental law is an entirely different question. Might want to look into hiring a property manager at some point.
I live in Maryland but have rental property in Missouri. I sent my last tenant a pdf of the lease and they printed it out, signed it, scanned it and emailed it back to us where we printed out the signed pdf signed our part of the least and then scanned a final copy and sent it back to the tenant to have a copy.
So there is never really a single document with original ink from all parties.
Is this okay? I tried to research it online, but couldn't find a solid answer and I want to make sure as I'm signing a new lease with new tenants.
Thanks in advance.
I would have them sign under the acknowledgment that this is just a temporary action and the "actual" lease will arrive later by mail. I don't think there has been enough challenge and back and forth in courts on electronic or photocopied signatures yet to take the chance.
Don't see any reason why not. In my state, it doesn't even matter if everyone signed the same piece of paper at all, just that they all signed identical documents (it's called counterparts). So I could take 2 copies of the lease, the tenant sign one and I sign one and that is a legally binding contract, as long as the 2 copies are otherwise identical.
While counterparts may or may not be allowed in all states or all types of contracts, you aren't talking about going that far. You have all signatures on the same piece of paper, just not original ink. I can't see any reason why that would be a problem.
Even on real estate purchase & sale contracts, you don't end up with all parties' ink on the same piece of paper most of the time, other than maybe on the actual closing documents. Digital signatures through Docusign or Authentisign are even considered legally binding on real estate contracts in many (most? all?) states now.
HOWEVER, the question of whether or not you should be renting out a property 1000 miles from where you live when you aren't familiar with rental law is an entirely different question. Might want to look into hiring a property manager at some point.
Thanks for the reply, but it's still rather vague. I'm flying into Kansas City this weekend to work on the house and I will get new signatures at that time, but I was just wondering if the way I was doing it is legit. I agree, I don't see why not, but that's why I asked.
As far as being 1000 miles away. Honestly, I don't see how a property management company can do any better than myself. I have seen people use those companies and they will quickly turn a nice home into a crappy rental property in no time. I feel like I have more control over who I lease it to, what types of pets I will accept, if they will just live there or actually maintain the house as a "home" etc.
Plus I have relatives in the area and my brother lives in the area and is a contractor. I pay him for any maintenance issues or emergencies that might come up.
If I didn't have people locally and I didn't visit the area several times a year, then yes, I would just hire a property management company. I will probably only rent to this tenant (however long they stay if I like them) and then I will then probably sell it.
I would have them sign under the acknowledgment that this is just a temporary action and the "actual" lease will arrive later by mail. I don't think there has been enough challenge and back and forth in courts on electronic or photocopied signatures yet to take the chance.
I think this is the route I would go. Luckily I'm going there in just few days where I can take care of this.
I live in Maryland but have rental property in Missouri. I sent my last tenant a pdf of the lease and they printed it out, signed it, scanned it and emailed it back to us where we printed out the signed pdf signed our part of the least and then scanned a final copy and sent it back to the tenant to have a copy.
So there is never really a single document with original ink from all parties.
Is this okay? I tried to research it online, but couldn't find a solid answer and I want to make sure as I'm signing a new lease with new tenants.
Thanks in advance.
Yes we deal with that daily and also with doc sign. All legal!
As a landlord, I want the tenant's signature on the document - scanned is fine.
As a tenant, I want the landlord's signature on the document - scanned is fine.
The reason for this, as bentlebee stated in his first reply is that, as a landlord, I only need to prove that the tenant signed the document to hold the tenant to the obligations. As a tenant, I need only prove that the landlord signed it. I can always sign my copy of the other party's signature at any time.
my ll sent me the lease through email and she downloaded this program which allowed me to fill in the blank spaces and sign virtually.. we both signed and the program tracked the IP addresses and let us know when each other signed.. gotta look for the name
the program is called - sign online.. powered by gopaperless solutions inc
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