The Communications Act 2000 makes it clear that electronic signatures can be used as proof of a signature. In other words, if you can convince a court that there is a valid electronic signature, you have a valid lease. This will likely require the creation of an audit route. Let us not forget that it is always possible to create a rental contract audibly without a written document. A digital agreement with an electronic signature should therefore be preferable to this. This article applies mainly to English law. Although rent laws are similar in other jurisdictions, there can be considerable differences. Always seek professional advice before making important or not decisions. Real estate investors can hire an agency to easily find a tenant, sign the lease and manage the rental from A to Z through a service contract. Regardless of the agreement, your client expects you to be professional and the job to be good, but also fast. Big or small, your company can differentiate itself from competing real estate agents and property managers by focusing on the quality of its work and reducing turnaround times.
The electronic signature gives you the possibility of shortening the time between the agreement on the terms of the lease (possibly with certain clauses) and the signing of the lease. Too often, the lease is signed personally between the tenant and the landlord or his representative. A “physical” meeting can be difficult to organize, given the full schedules of both parties. In addition, owners who wish to sign the lease under a service contract do not necessarily live close to their investments! This waste of time between each tenancy agreement harms all parties involved: the agency, the tenant waiting for entry into the property and the landlord. Using the electronic signature saves everyone valuable time. The use of electronic signatures is a wise and safe choice, as the signature process is strictly controlled by certified companies like Yousign. The electronic signing of the lease must comply with the standards established by the European eIDAS regulation in order to have real legal value. Some European countries sometimes impose restrictions or require a certain level of electronic signature. The Yousign team will advise you to find the most appropriate solution.
It can be argued that there was an oral rent whose terms are sanctioned by the lease (unsigned). The requirement to create and authenticate an OpenRent account means that the contract signing process meets the above criteria. Our contracts also show a timer for the signatory`s signature and IP address to provide additional accuracy. Once the rental form is completed and signed by all parties, several copies will have to be produced, with some online electronic signature services to be stored and shared on the cloud. In addition, the rental contract can be stored in PDF versions or even printed as a copy backup. (i) Writing: The Interpretation Act of 1978 defines “writing” as “typing, printing, lithograph, photography and other forms of representation or reproduction of words in visible form.” If the contract is displayed on a screen (including a desktop, laptop, tablet or smartphone) in a way that allows a person to read their terms correctly, it is “written” at that time.