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Posted by Anna on August 07, 1999 at 00:15:53:

In Reply to: Faxed Lease posted by scared in NY (please help) on August 06, 1999 at 16:06:37:

: I live on the ground floor of a 2 floor house in Queens.
: I renewed my lease with my landlord via fax (so I have a
: copy with his faxed signatures and vice-versa). We have
: done this for the last few leases (never following up with
: originals).

: Is this valid? Should I be worried that I am a month-to-month tenant?

: Please help me if you have any knowledge or know what law applies.

By faxed-signatures do you mean that the 'signatures' are your fax-id-codes or that you both actually signed it with pen&ink? If the former, the courts have not really dealt much with electronic signatures... you still have a written lease, but could need help proving it in court. If the latter, not having possession of the original signed lease does not make you a month-to-month, but the original is usually considered better evidence if you end up in court.

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Comments:
: : I live on the ground floor of a 2 floor house in Queens.  
: : I renewed my lease with my landlord via fax (so I have a 
: : copy with his faxed signatures and vice-versa).  We have 
: : done this for the last few leases (never following up with
: : originals).

: : Is this valid?  Should I be worried that I am a month-to-month tenant?

: : Please help me if you have any knowledge or know what law applies.

: By faxed-signatures do you mean that the 'signatures' are your fax-id-codes or that you both actually signed it with pen&ink?  If the former, the courts have not really dealt much with electronic signatures... you still have a written lease, but could need help proving it in court.  If the latter, not having possession of the original signed lease does not make you a month-to-month, but the original is usually considered better evidence if you end up in court.


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