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Lease signing

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Lease signing

Postby queensborough » Tue Dec 08, 2009 7:42 am

When signing a new lease, do both copies, the one the LL keeps and the one the tenant keeps, have to have original signatures on them? If the lease has any areas with "white out" on it, is that acceptable?
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Postby TenantNet » Tue Dec 08, 2009 9:48 am

There should be one original. Everything else should be a copy of the original. How would you know that both are identical?

Tenant should sign the original and make a copy of the signed original for his/her own records and return to the LL for his signature. One the LL executes (signs), he should return a copy (with both signatures) to the tenant. Tenant can then compare to make sure the returned version is identical to the one he signed.

That's with RS, but non-RS might be different.
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Postby lofter1 » Tue Dec 08, 2009 10:43 pm

My Landlord always sends two copies of the completed RTP-8, both of which I sign (then make a copy) and return both to the LL.

The LL then (sometimes / eventually) sends back one of the originals with the LL's signature.
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Postby TenantNet » Tue Dec 08, 2009 11:02 pm

I stand corrected in this case. The RTP-8 instructions speak of two copies (i.e., two originals). I usually get one original, but according to DHCR, two is the norm.

It does raise questions in my mind. With court documents and in many situations, there is the original (with the original signature) and everything else is a copy.

On large documents the issue of conformity can be important. I've seen lawyers who are getting served with thick briefs go through every page to make certain the copy they are being served with matches the original. (the original gets deposited into court with the affidavits of service).
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Postby queensborough » Wed Dec 09, 2009 12:16 pm

This tenant is not a rent stabilized tenant, so do you think the two copies with original signatures would still hold true?

Also, could someone address the issue about the "white out" on the lease. I would think that would not be acceptable.
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Postby TenantNet » Wed Dec 09, 2009 12:21 pm

Often in documents, mistakes, corrections, alterations are done by crossing out the old and adding the new, and also by initializing the changes. The person who makes the changes (or who approves it) would initialize it. In some cases all parties would need to initialize.

If whiteout is used to cover-up something that may result in an unlawful change to the lease terms, then it's a problem.
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