Resident neglects to sign lease

[dequeendistress]

What is the name of your state? AR

If a landlord has a written lease, explains this lease to new tenant and advises tenant that lease must be signed prior to residency. But, resident receives key from another party and has not signed the lease, do the provisions of the lease still apply to said resident?

 

[I AM ALWAYS LIABLE]

What is the name of your state? AR

If a landlord has a written lease, explains this lease to new tenant and advises tenant that lease must be signed prior to residency. But, resident receives key from another party and has not signed the lease, do the provisions of the lease still apply to said resident?

My response:

Despite the fact that there is no signature, the law also looks to "performance" of the parties in a contractual situation.

However, without a signature on a written lease, the occupancy of the residence "defaults" to the Statutory scheme of the State, rather than anything particular in the written contract. For example, let's say that in your unsigned written lease there's a "No Pets" clause. However, in the Statutory scheme, there's no such prohibition. So, theoretically, the tenant could bring a pet into the domicile without being in "breach."

The landlord's only remedy would be to follow that State's "eviction" laws to get the tenant out, or to force the tenant to actually sign the written lease.

IAAL