Facing personal problems, changing my home lease

[dimitrio]

What is the name of your state? Florida
I am facing many personal problems in life but don’t know when I will come out of that. I am living in a rental home since 2018 for 3 years. Jones is very sympathetic to my situation and is willing to change some conditions of the Lease.

Lease has this language:
(1). This Lease, made this 3rd day of December of 2018, by and between John and Jones, hereinafter called “Landlord” and Alex hereinafter called “Tenant”, …
(2). No alteration, amendment, change, or addition to this Lease shall be binding on Landlord or Tenant, unless reduced to writing and signed by them and by direct reference made a part hereof.
(3). Each individual executing the Lease on behalf of Tenant and Landlord, respectively, represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of the entity he represents in this Lease, in accordance with applicable bylaws or governing articles of said entities.

Both John and Jones signed the Lease on December 3 2018 as Landlord.

If I and Jones, without John, enter a written and signed amendment or agreement changing some conditions of this Lease, will it legally change the Lease? Please help.

 

[adjusterjack]

If I and Jones, without John, enter a written and signed amendment or agreement changing some conditions of this Lease, will it legally change the Lease?

You, Jones and John are contractually obligated to sign the amendment. However, if Jones signs it without John and John does or says nothing about it, John may later be seen as having waived his right to object. OTOH, if John objects right away, the amendment could be voidable and the original terms of the lease enforced.

Why is Jones going to do this without John's involvement?

 

[dimitrio]

I was doing multiple small jobs. Due to Pandemic, I have only one job now. I have a small child also. Jones wants to help me as I am in a very bad shape financially. I and Jones want to sign an amendment reducing my rent for few months, no other change to the terms of the Lease. Jones is acting on his own. Jones said he will sign on his own behalf only, on the amendment. I did not inform this matter to John.

If John knows this now, probably he will not sign. If John knows this after I and Jones sign, John probably will object. Now, Jones and John have no good relationship.

If John comes back later (after I paid the reduced rents), and convince Jones, and they both together sue me for not paying the full rent then, will this amendment signed by me and Jones save me?

Is it my responsibility to make sure that John also signs the amendment now to make it legally valid?

Whats meant by them in "unless reduced to writing and signed by them" in Point 2 of lease language? Is it John and Jones and me? or any two or one of them?

 

[adjusterjack]

You wrote that you've live there for three years. Did you have to sign a new lease every 12 months or did your original lease say it automatically renews for additional 12 month periods or just become month to month? Either way was your most recent document signed by Jones and John or just by one of them. If just one of them, which one?

Don't rely on memory. Look at the document.

 

[dimitrio]

There is one and only one lease and it is for 3 years time, starting from December 3, 2018 and ending on December 2, 2021. John signed, and also Jones signed, as Landlord, and I signed as Tenant on that lease on November 26, 2018. After November 26, 2018, none of us signed any document about this lease.

As mentioned above, I and Jones are planning to make an amendment to this lease, without John.

 

[quincy]

A lot depends on whether John and Jones are operating as a single entity, with one able to obligate the other to decisions made by just one.

 

[adjusterjack]

A lot depends on whether John and Jones are operating as a single entity, with one able to obligate the other to decisions made by just one.

My take: Paragraph 3 authorized either John or Jones to "execute" and deliver "this" lease but does not extend that authority to amendments to the lease.

Unless an amendment to the lease is considered as incorporated into the existing lease so the entirety of the lease and the amendment becomes "this" lease, thus giving Jones the authority to execute the amendment under paragraph 3.

Quincy, what say you?

 

[quincy]

... Quincy, what say you?

I say it would be nice to know what sort of agreement there is between John and Jones.

 

[dimitrio]

Jones stated he has no agreement, POA or otherwise, written or oral, with John (or vice-versa) on the matter of signing any documents related to this lease. Jones also told me that neither of them able to obligate the other to decisions made by just one.

By the way, John and Jones are wife and husband since 2017.

 

[quincy]

Jones stated he has no agreement, POA or otherwise, written or oral, with John (or vice-versa) on the matter of signing any documents related to this lease. Jones also told me that neither of them able to obligate the other to decisions made by just one.

By the way, John and Jones are wife and husband since 2017.

Ah. Thank you for clarifying.

In that case, you need both signatures.

 

[dimitrio]

Thank you, but they are Not listed as wife and husband Anywhere in the lease. Despite this, whether both need to sign on the amendment?

As I wrote above, the lease language is: This Lease, made this 3rd day of December of 2018, by and between John and Jones, hereinafter called “Landlord” and Alex hereinafter called “Tenant”, …

FYI, the house I am renting is owned by both of them only, and they are listed as wife and husband (but that has nothing to do with my lease) and I got this information from the county website.

 

[quincy]

Thank you, but they are Not listed as wife and husband Anywhere in the lease. Despite this, whether both need to sign on the amendment?

As I wrote above, the lease language is: This Lease, made this 3rd day of December of 2018, by and between John and Jones, hereinafter called “Landlord” and Alex hereinafter called “Tenant”, …

FYI, the house I am renting is owned by both of them only, and they are listed as wife and husband (but that has nothing to do with my lease) and I got this information from the county website.

Yes. You need both signatures.

 

[dimitrio]

Information purpose only:
If I and Jones, without John, sign the amendment then: whether Jones is committing any legal mistake/violation OR I am committing any legal mistake/violation? Say it in other way, whose responsibility it is (my responsbility of Jones responsibility) to verify that John should also sign?

Even if Jones alone and I sign the amendment, later on, can John and Jones together successfully sue me for rent reduction, and I am helpless in that case?

 

[adjusterjack]

Even if Jones alone and I sign the amendment, later on, can John and Jones together successfully sue me for rent reduction, and I am helpless in that case?

Possible. You know that both landlords' signatures are required. You've read it. Jones also has told you that he cannot obligate the other landlord. If you accept the amendment with only Jones' signature you risk not having any defense to a demand for the back rent.

Why is Jones hiding the proposed rent reduction from his spouse?

 

[dimitrio]

Jones is simply trying to help me, its his usual nature. He believes John is simply wasting money and may not accept the reduction of rent and that is why Jones is not interested in telling John. Jones said that it is better to help me with rent reduction than John waste that money any way. There is no other reason.