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  1. #1

    Default Legality of Lease Signed by Son of Property Owner

    My question involves landlord-tenant law in the State of: Florida
    A friend signed a lease to rent part of a home with the son of the property owner. My friend did not know he did not own the property at the time the lease was signed. The son does not have power of attorney nor is the father incapacitated. My question is twofold. 1) Can friend be evicted for trespassing 2) Is the lease binding?
    Thank you for any replies. I've looked at the rental law in Florida online and can't find this issue in any documents I see.
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    Default Re: Legality of Lease Signed by Son of Property Owner

    Can the friend be evicted by the owner? Possibly, depending on the full facts.

    Is the lease binding? Yes, between your friend and the son of the property owner. Whether or not it also binds the property owner would depend upon the full facts. If the son of the property owner is unable to fulfill his obligations under the lease, such that his tenant is evicted before the end of the lease term despite his compliance, the son could be liable for damages.

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