If I leased an apartment in Texas but signed the papers in CA and faxed them to the apartment in Texas, when or where does the lease become legally binding? If I need to take them to small claims court could I do so in CA since the lease was signed in CA?

  • The lease probably has a term defining venue. A CA court, even if it had constitutional authority to exercise jurisdiction would probably decline to do so under the doctrine of forum non conveniens unless the defendant was a CA based business.
    – ohwilleke
    Nov 11 '16 at 0:32

When you communicated your acceptance of the terms; that is, when the fax transmission was complete.

The lease will be subject to Texas law: you could start a case in California but the court may decide or the other party may successfully petition to have it moved to Texas.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.