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  1. #1
    Join Date
    Dec 2009
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    2

    Default Is a Lease Invalid if Signed By Only One Owner

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

    My ex-partner and I own an investment property. The house was purchased with a mortgage in both our names and the deed has both of our names with joing right of survivorship.

    Currently the house is rented using a standard florida lease - both our last names are listed as the owner (ie - Smith/James). I handle all the paperwork so the signature line on the lease is only mine, so i am the only one who signed. The 1 year period on the lease is up and the month-to-month provision has kicked in. My partner wants to kick out the tenant so he can move in. He has said the lease is invalid because he did not also sign it too. Is that true?

    I dont not want the tenant to move out, he has never had any late payments and he does not want to move.

  2. #2

    Default Re: Is a Lease Invalid if Signed By Only One Owner

    Try telling him that you want him to return half of the year's worth of rent on the lease because you believe he's right - without his signature it's worthless. THEN see what he says.

    I know this sounds like a stupid question, but does the lease itself have TWO lines for signature of landlord with names written, and only you signed it and his is blank, or is there ONLY one party (you) listed on the lease?

    Typically unless there is some contract to the contrary, where property owned by two individuals, EACH has the ability to act in regards to the property. So he can throw your tenant out. And you can turn around and sign a new lease with him. Either way, once the tenant has the lease, the courts will protect the TENANT while the two landlords take each other to court.

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Is a Lease Invalid if Signed By Only One Owner

    Thanks Catherine, The end of the lease has just one line for owner signature, neither of our names are typed there. I have my siganture and hand written name.

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