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Frequently Asked Questions:

Who should be named in the lease?

The legally responsible parties should be listed in the lease as landlord (or landowner or lessor) and tenant (or farmer or lessee). It’s important to clearly state the name and contact information for each party’s primary point of contact. Sometimes the contact person is a representative of the landlord, a land manager or lawyer handling the lease.

Before entering into a lease, both landowner and tenant should confirm that they are who they say they are and that they each have the authority to enter into the lease. For example, if a corporation or trust owns the property, then the tenant should confirm that the corporation or trust legally exists and that the person signing the lease has the power and authority to enter into the lease.

Most landlords are careful to check the credit and reputation of prospective tenants before entering into a lease. Tenants also should determine that their prospective landlords actually own the premises and are solvent. To avoid unintended personal liability, the named parties in the initial “recitals” should be consistent with the forms of the signature lines at the end of the lease.

Posted in: Lease Agreements, Lease Core Concepts