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  1. #1

    Post Is My Rental Agreement Still Valid and Binding

    My question involves landlord-tenant law in the State of: Florida

    First some background on the situation:

    I recently signed a lease with an apartment complex to which I'll be rooming with two other people later this year. The lease was signed by each roommate individually, so, for example, my lease has only my signatures on it, the roommates have their own with only their signature on it. The terms of the lease stipulate that the rent is to be collected as the amount we are individually responsible.

    We paid $0 in security deposit, application fee, etc. Essentially the only thing they required was the signed leases and a guaranty.

    My question is:

    One of the roommates has not gotten his guarnaty form to the apartment compelx. The complex has contacted myself and good roommate to inquire about the other roommate. At this point, it looks like the roommate that failed to turn in guarnaty will probably not turn in the guaranty form.

    How will this affect us (myself and good roommate)?

    Will I have guaranteed housing at this complex? Can my lease be canceled? Can we be reassigned to a different apartment unit?

    I know it may be difficult to address this issue without seeing the fine print in the rental agreement, so if someone can help, I would appreciate it. I can PM the agreement.

    Here are relevent sections from the lease I signed:

    My intreperation of this is something along the lines of:

    (other roommate = one who did not get guarnaty form to complex)

    Since other roommate did not get a signed guaranty to the apartment complex in the timeframe stated in agreement, his lease is subject to cancelation at the discretion of the apartment complex. I’m not certain whether or not his lease being canceled would affect myself and good roommate, but since we signed individual leases and when it refers to “undersigned Renters”, it only refers to those who signed the individual lease, which would be the individual’s lease only subject to the cancelation.

    Thanks everyone

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Is My Rental Agreement Still Valid and Binding

    Quote Quoting securityplease
    View Post
    How will this affect us (myself and good roommate)?
    Ask your landlord.
    Quote Quoting securitypleas
    Will I have guaranteed housing at this complex? Can my lease be canceled? Can we be reassigned to a different apartment unit?
    Read your lease. (Sorry, I'm not going to read your scans.)

    I have little cause to question your assumption that you and your first roommate are bound to the lease, and to full payment of the rent, and that the landlord could conceivably deny tenancy to your third roommate who won't provide the guaranty. You signed separate leases, so they don't appear to be interdependent, and your landlord cares primarily about getting paid in full for rent that's due.

  3. #3

    Default Re: Is My Rental Agreement Still Valid and Binding

    First off, thank you for your reply!

    I attempted to ask a represenative from managment, and was not given a clear answer.

    To give you more insight, the complex is under the impression they will receive a guarantor from this person, but will likely not. It's a matter of time before they do something or do nothing at all. I don't want to just "wait and see" so I'd rather at least know what my legal rights are.

    To my understanding, if the application for tenacy has been approved for myself and the good roommate, then the lease becomes valid, according to the lease.

    Quote Quoting From lease
    Renter understands that this Lease will become effective when the attached Application for Residency is approved by Property Manager.
    So if I can get confirmation that my application was approved, then the compelx is bound to follow through with the rental agreement?

    I guess I feel kinda insecure about it because the lease is only signed by myself and the signatures from the managment are blank. I am aware that if both parties begin to follow through with what is described in the lease, then it automatically becomes binding and valid, without signatures from both parties...right?

    Thanks for the help!

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