ISSUE:

Tenant wants to sign a six-month lease for the home. The husband is on a fishing trip to Alaska. If only the wife as the landlord signs the lease, is the lease enforceable?

ANSWER:

 Yes. If a lease is for less than one year, either spouse can sign the lease for the home and bind the community of both spouses. If the lease is for one year or more, however, both spouses must sign the lease.

Arizona REALTOR® Magazine – October 2011


About the Author

Michelle Lind

K. Michelle Lind, CEO of Arizona REALTORS®, is also an attorney, State Bar of Arizona board certified real estate specialist, and the author of Arizona Real Estate: A Professional’s Guide to Law and Practice.
Please note that this article is of a general nature and may not be updated or revised for accuracy as statutory or case law changes following the date of first publication. Further, this article reflects only the opinion of the author, is not intended as definitive legal advice and you should not act upon it without seeking independent legal counsel.