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  1. #1
    Join Date
    May 2011
    Location
    Seattle, WA
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    4

    Default Can a Resident Manager Sign a Lease Without Explicit Power of Attorney

    My question involves landlord-tenant law in the State of: Washington.

    The resident manager of an apartment building signs the leases with his own name, even though he has never signed any limited power of attorney agreement with the company that manages the building or the owner. He isn't a licensed real estate professional, just a resident manager, and his employment contract doesn't say anything about signing leases or acting as an attorney-in-fact or agent of his employer. Is it valid for him to sign the leases in his own name?

  2. #2
    Join Date
    Jan 2006
    Posts
    27,031

    Default Re: Can a Resident Manager Sign a Lease Without Explicit Power of Attorney

    how do you know what his employment contract includes? How do you know there is no POA?

  3. #3
    Join Date
    May 2011
    Location
    Seattle, WA
    Posts
    4

    Default Re: Can a Resident Manager Sign a Lease Without Explicit Power of Attorney

    He's my friend and he showed me the employment contract, and is sure he didn't sign any POA document. We were thinking a prospective tenant might think this is odd, and wondering if he should ask his boss at the property managment company about it, but want to have our facts straight before bringing it up. Does the fact that his boss openly allows and instructs him to sign leases on the company's behalf make it ok, even though it is not in writing anywhere?

  4. #4
    Join Date
    Jan 2006
    Posts
    27,031

    Default Re: Can a Resident Manager Sign a Lease Without Explicit Power of Attorney

    He can't sign contracts in his name because it isn't his property. If he doesn't know if he has the authority to sign in the name of the building, then he needs to find out what authority he has. If he doesn't have the authority to sign leases for the building, then he needs to stop doing so and let whoever does have the authority sign the leases.

  5. #5
    Join Date
    Sep 2005
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    73,132

    Default Re: Can a Resident Manager Sign a Lease Without Explicit Power of Attorney

    Quote Quoting FooBarBaz
    View Post
    The resident manager of an apartment building signs the leases with his own name, even though he has never signed any limited power of attorney agreement with the company that manages the building or the owner.
    Do you mean that he's putting his own name down as landlord?

    If he's the landlord's agent and as one of his job duties he's signing the leases in his capacity as the landlord's agent ("Joe Smith, Resident Manager"), that's permitted as a basic matter of agency.

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