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I have an electronic lease is that legally binding?
Anonymous4 views2 answers
I am currently in a bank owned home and is currently going through judgement due to my lease not being valid because it is not hand signed, it is electronically signed and to make matters worse the judge is buddy buddy with the plaintiff so i feel like i had not gotten a fair trial.
Renay Grace RodriguezChapter 13 Bankruptcy AttorneyChatsworth, CA ·
The fact that the lease is only electronic signed goes to the weight of the evidence that you actually have a lease or not. There are many other factors which are not presented which may indicate that the electronic signature is not valid. For example. Did the person responsible for giving leases from the bank testify and state that they never executed a lease?
However, to have proven this point, you would have needed to subpoena the representative who gave you the lease in the first place to testify as to his/her capacity to give you a lease on behalf of the bank. That would have been most helpful.
Please recognize however that there are things that are can do legally, but as a practical matter do you really want to do those things. You indicate that it has already gone to judgment. So I take it the evidence was not presented in I assume an unlawful detainer trial. This can be a very hard uphill battle for any attorney. You can try to appeal it and get request a stay of the eviction process. But you should look for an unlawful detainer attorney in your community who handles appellate work. But the cost of that appeal might not be affordable if you are facing having to spend money to move.
I would also say to our readers, it has been my experience that you will witness attorneys being friendly with the Judges, clerks and other staff, and sometimes even with each other. Remember that the legal community is a small community and we have to work with and see each other all the time. It would make for a miserable experience being contentious with everyone. So as attorneys and courts, we have to try to be civil and friendly with each other. But I would say for a good 95% of the attorneys and judges out there, it doesn't affect our ability to look at facts, look at the law and make a decision that is in compliance with the law. I'm not going to say that it doesn't happen, but most of the time I see the Court getting it right.
I would say that an electronically signed lease could be just as binding as one signed in ink, if the parties to the lease wanted it to be. I often accept digitally signed agreements, but only if the agreement itself has a clause allowing for that.
Your lease may have such a provision. Even if the parties don't agree that a digital version is enforceable, the parties conduct, such as everyone following the provisions, and payments being made and accepted, may be enough to establish that the digital signature is binding.