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An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). This affidavit form is used when a question arises concerning the mental competency of a lessor at the the time he/she signed a lease.
While there isn’t a strict format, it should include key elements such as the lessor's name, date, and a declaration of their mental capacity. It's best to consult with a lawyer for specific requirements.
The affidavit is valid as long as the conditions stated in it remain true. However, it’s advisable to have a new affidavit if there’s any change in circumstances.
Without the affidavit, the lease may be questioned or challenged in court. This could lead to disputes over the validity of the agreement.
No, if the lessor is not of sound mind, they cannot legally make the lease agreement. It’s crucial that the person signing understands the implications of the lease.
Typically, the lessor or their legal representative can provide the affidavit. Sometimes, a medical professional may also be involved to verify the person's mental state.
Having this affidavit helps ensure that the lease is valid. It protects both the lessor and lessee by confirming that the lessor is in their right mind while making decisions about the lease.
An affidavit as to the lessor's sound mind is a legal document stating that the person signing it is mentally capable and understands what they are doing when leasing out their property.