Is a Lease in Alabama valid if the signatures are not witnessed?
In short, No.
I asked one of the talented lease lawyers I work with, Adam Sigman of Sirote & Permutt, this question recently and immediately received this reply:
Alabama’s version of the Statute of Frauds provides that leases (except those with a term of one year or less) are void unless the agreement or a memorandum, setting out the consideration in writing, is signed by the party to be charged or that party’s authorized agent (Ala. Code § 8-9-2).
The signature(s) must be at the foot of the document and be attested by one witness or, where the party cannot write, by two witnesses (Ala. Code § 35-4-20). A proper acknowledgement by a notary public or other authorized officer satisfies the witness requirement (Ala. Code § 35-4-23).
Also, per Adam, any lease for a term longer than twenty years (including renewal options) must be recorded to be valid.
Now, if you want to know what your remedies are if these requirements are not met, call your lawyer!
