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Do I owe ex tenant compensation?

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Litigator22

Active Member
I had a house in Florida that I was renting out. We had a year long lease signed several years ago that we let go month to month. Not on paper though I told my ex tenant that he could stay until I retired, which was when I planned on moving back into the house. About two years ago I told him I expected that it to be at a minimum 5 more years until I retired. The state forced me to sell my house. My ex tenant contacted me mad because the state is forcing him out and not compensating him much. My ex tenant thinks I owe him more money since I didn't keep my promise and got a big payday (not really because I now need to buy a new house). He thinks he should be compensated for a 3 year lease (the remaining time he expected to be able to live there ) instead of for a month to month lease.
Not to worry! Read the following exerts from Florida's Statute of Frauds Title XLI Chapter 725

Section 725.01
"No action shall be brought whereby to charge any person . . . for any lease of lands for a period longer than 1 year . . . or upon any agreement that is not to be performed within the space of 1 year from the making thereof . . . unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person . . . lawfully authorized. " (Emphasis added)

(As some wag often remarks. "Any oral agreement that is repugnant to the statute isn't worth the paper it isn't written on.")
 


Zigner

Senior Member, Non-Attorney
Not to worry! Read the following exerts from Florida's Statute of Frauds Title XLI Chapter 725

Section 725.01
"No action shall be brought whereby to charge any person . . . for any lease of lands for a period longer than 1 year . . . or upon any agreement that is not to be performed within the space of 1 year from the making thereof . . . unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person . . . lawfully authorized. " (Emphasis added)

(As some wag often remarks. "Any oral agreement that is repugnant to the statute isn't worth the paper it isn't written on.")
I think you got your wires crossed. 725.01 in Title XLI is:
"Promise to pay another’s debt, etc.—No action shall be brought whereby to charge any executor or administrator upon any special promise to answer or pay any debt or damages out of her or his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person ..." (https://flsenate.gov/Laws/Statutes/2023/0725.01)

I think what you are looking for is the section I posted above, namely Title XL, 689.01 (https://www.flsenate.gov/Laws/Statutes/2023/0689.01)
How real estate conveyed.—
(1) No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in, or out of any messuages, lands, tenements, or hereditaments shall be created, made, granted, transferred, or released in any manner other than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring, or releasing such estate, interest, or term of more than 1 year, or by the party’s lawfully authorized agent ...
 

Litigator22

Active Member
I think you got your wires crossed. 725.01 in Title XLI is:
"Promise to pay another’s debt, etc.—No action shall be brought whereby to charge any executor or administrator upon any special promise to answer or pay any debt or damages out of her or his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person ..." (https://flsenate.gov/Laws/Statutes/2023/0725.01)

I think what you are looking for is the section I posted above, namely Title XL, 689.01 (https://www.flsenate.gov/Laws/Statutes/2023/0689.01)
How real estate conveyed.—
(1) No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in, or out of any messuages, lands, tenements, or hereditaments shall be created, made, granted, transferred, or released in any manner other than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring, or releasing such estate, interest, or term of more than 1 year, or by the party’s lawfully authorized agent ...
I think you got your wires crossed. 725.01 in Title XLI is:
"Promise to pay another’s debt, etc.—No action shall be brought whereby to charge any executor or administrator upon any special promise to answer or pay any debt or damages out of her or his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person ..." (https://flsenate.gov/Laws/Statutes/2023/0725.01)

I think what you are looking for is the section I posted above, namely Title XL, 689.01 (https://www.flsenate.gov/Laws/Statutes/2023/0689.01)
How real estate conveyed.—
(1) No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in, or out of any messuages, lands, tenements, or hereditaments shall be created, made, granted, transferred, or released in any manner other than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring, or releasing such estate, interest, or term of more than 1 year, or by the party’s lawfully authorized agent ...
I stand by the citation as provided. You would do well by reading the entire, but mixed content of F. S. 725, Title XLI "Statute of Frauds, etc.," "Chapter 725, with the heading: "Unenforceable Contracts! To-wit:

725.01 Promise to pay another’s debt, etc.—No action shall be brought whereby to charge any executor or administrator upon any special promise to answer or pay any debt or damages out of her or his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person or to charge any person upon any agreement made upon consideration of marriage or , upon any contract for the sale of lands, tenements or hereditaments, or of any uncertain interest in or concerning them, or for any lease thereof for a period longer than 1 year, or upon any agreement that is not to be performed within the space of 1 year from the making thereof, or whereby to charge any health care provider upon any guarantee, warranty, or assurance as to the results of any medical, surgical, or diagnostic procedure performed by any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, or dentist licensed under chapter 466, unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person by her or him thereunto lawfully authorized. (Emphasis supplied).
 

Zigner

Senior Member, Non-Attorney
The section I posted gives the requirement (of signing) AND the additional requirement of witnesses if the lease is intended to be in excess of 1 year, and that is what the OP's question really related to. With that said, I do acknowledge that both of the code sections we cited would should prevent the OP's former tenant from successfully pursuing this in court.
 

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