Agreement with one owner only

[dobson7]

What is the name of your state? Florida
I rented a property owned by a husband and wife almost a year ago. The couple purchased this property after their marriage.

Few months ago, I discussed with the husband and paid bills to some repairs to the property and we both (I and the husband) signed an agreement (agreement) to deduct those repair costs from the monthly rent. I prepared that agreement. The agreement states “Landlords (John and Jean) permits the tenant to deduct these repair costs ($700) from the monthly rent …” (I added emphasis on "s" in Landlords). At the end of that agreement, I put the husband name only, designating him as Landlord (not Landlords, i.e., there is no “s” at the end of “Landlord”). Based on this agreement, I did not pay some rent fully (I deduct those repair costs from the rent). However, I did not discuss these matters with the wife and she did not sign any agreement with me.


I just read some Florida law Douglass v. Jones, 422 So. 2d 352 (Fla. Dist. Ct. App. 1982) “It is well settled in Florida that an estate by the entireties is vested in the husband and wife as one person, and neither spouse can sell, forfeit, or encumber any part of the estate without the consent of the other, nor can one spouse alone lease it or contract for its disposition without such consent.
….
An exception to the aforesaid rule is applicable when it is proved by clear and convincing evidence that one spouse, with full knowledge of the facts, constitutes the other spouse as his or her agent, and with such knowledge consents and acquiesces to and in the act of alienation by the agent's spouse so constituted;”

The rental agreement states “rents and notices to landlord shall be mailed or delivered at the following address unless otherwise designated in writing by Landlord: ABC123” However, all my discussions with the husband (about the repair and deduction of those costs from the rent) were by email only (I never sent any notice on this matter to the address ABC123, nor I informed anything about the repair and rent deduction to the wife by other means such as email or fax, etc).

What if, tomorrow, the wife complains that I failed to pay the rent fully and claims that she never gave any consent or acquiesces to her husband in signing the agreement he signed with me for the repairs (I know that the husband supports his wife if there is an issue between all three of us). Note that, in that agreement I signed with the husband (about repair and rent deduction), there is nothing says that the husband is signing on behalf of the wife, or the husband is acting as an agent to the wife.

 

[adjusterjack]

The rental agreement states “rents and notices to landlord shall be mailed or delivered at the following address unless otherwise designated in writing by Landlord: ABC123” However, all my discussions with the husband (about the repair and deduction of those costs from the rent) were by email only (I never sent any notice on this matter to the address ABC123, nor I informed anything about the repair and rent deduction to the wife by other means such as email or fax, etc).

He waived that provision by accepting the written agreement with you.

What if, tomorrow, the wife complains that I failed to pay the rent fully and claims that she never gave any consent or acquiesces to her husband in signing the agreement he signed with me for the repairs (I know that the husband supports his wife if there is an issue between all three of us). Note that, in that agreement I signed with the husband (about repair and rent deduction), there is nothing says that the husband is signing on behalf of the wife, or the husband is acting as an agent to the wife.

Email is often construed by the courts as a "writing."

I think there is a strong presumption (with a rental house) that one of the owners is acting as agent for the other. She would have a hard time overcoming that presumption in court.

Besides, Douglass v Jones involved a married couple who were separated at the time of the husband's actions. A stronger presumption exists that he was not acting as her agent.

Douglass v. Jones, 422 So. 2d 352 - Fla: Dist. Court of Appeals, 5th Dist. 1982 - Google Scholar

On this next page you can see that there were many subsequent cases on the issue.

douglass v jones - Google Scholar

Some of them may compare more to your situation than the almost 40 year old Douglass decision.

Bottom line, for $700 I don't think you need to lose any sleep over it.

 

[dobson7]

Your email gave me a big relief, so many thanks.

I overlooked to include the following condition from the lease:

"This lease sets forth all the promises, agreements, conditions, and understandings between Tenant and Landlord concerning this property, and there are no other promises, conditions, understandings, or agreements, either written or oral, between them other than as set forth in this lease. No amendment, alteration, addition, or change to this lease shall be binding on Tenant or Landlord, unless reduced to writing and signed by them and by direct reference made a part hereof" (I added the emphasis)

Unfortunately, the agreement I recently signed with the husband does not include any language that the agreement is (or will be) part of the lease (or intended to be part of the lease, or anything like that). Will this affect the agreement in any way?

Another fact, I did not provide before: The lease is signed by both the husband and wife.

 

[Zigner]

What if, tomorrow, the wife complains that I failed to pay the rent fully and claims that she never gave any consent or acquiesces to her husband in signing the agreement he signed with me for the repairs ...

Worry about the "what if" if it happens.

 

[adjusterjack]

In fact, the amount is far more than $700 but I just put $700 here.

Lesson learned: Never pay for what the landlord is required to do by statute:

Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)

If the landlord doesn't comply the statutes allow you to withhold rent by giving you a defense against an eviction for non-payment.

Read this carefully:

Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)

 

[dobson7]

Very much appreciated.

My apologies for not giving complete details. Here I am providing almost all details that may be needed, and some citations to case law:

(1). The property I am renting is commercial (not residential/living): I am running a small business in that property.

(2). The property has been owned by husband and wife (starting from several years before I signed the lease, and they are still husband and wife) and it is tenants by entirety property.

(3). Both the husband and wife signed the lease for that property. The husband and wife together referred to as Landlord in that lease.

(4). The recent agreement for rental reduction, in exchange for the repair costs I paid, is signed by me and the husband only. Wife did not sign (in fact there is no room for the wife to sign there, as her name is not included in the signature page). I prepared that agreement (with my half knowledge probably).

(5). I did not reveal or discuss this rental reduction, in exchange for the repair costs, matter with the wife. The lease states “rents and notices to landlord shall be mailed or delivered at the following address unless otherwise designated in writing by Landlord: ABC123” However, all my discussions (about the repair and deduction of those costs from the rent) were with the husband alone, and by email and that email address is the husband’s personal email address (I never sent any notice on this matter to the address ABC123, nor I informed anything about it to the wife in any alternate communications such as email or fax, etc).

(6). The lease agreement has this language: “This lease sets forth all the promises, agreements, conditions, and understandings between Tenant and Landlord concerning this property, and there are no other promises, conditions, understandings, or agreements, either written or oral, between them other than as set forth in this lease. No amendment, alteration, addition, or change to this lease shall be binding on Tenant or Landlord, unless reduced to writing and signed by them and by direct reference made a part hereof" (I added the emphasis)

However, the agreement I recently signed with the husband for rental reduction, in exchange for the repair costs I paid, does not include any language that states the agreement is (or will be) part of the lease (or intended to be part of the lease, or anything like that).

(7). I read Douglass v. Jones, 422 So. 2d 352 (Fla. Dist. Ct. App. 1982) and it states:

“It is well settled in Florida that an estate by the entireties is vested in the husband and wife as one person, and neither spouse can sell, forfeit, or encumber any part of the estate without the consent of the other, nor can one spouse alone lease it or contract for its disposition without such consent.
….
An exception to the aforesaid rule is applicable when it is proved by clear and convincing evidence that one spouse, with full knowledge of the facts, constitutes the other spouse as his or her agent, and with such knowledge consents and acquiesces to and in the act of alienation by the agent's spouse so constituted;”


(8). I also read STALLEY vs. TRANSITIONAL HOSPITALS, 44 So.3d 627 (2010) (which is one of the items at the link douglass v jones - Google Scholar provided by adjusterjack earlier, thanks to adjusterjack) and it states a lot on this matter which seems work against me:

“An agency relationship can arise by written consent, oral consent, or by implication from the conduct of the parties. See Thomkin Corp. v. Miller, 156 Fla. 388, 24 So.2d 48, 49 (1945). An agency by implication, or apparent agency, arises only when there has been (1) a representation by the principal that the actor is his or her agent, (2) reliance on that representation by a third party, and (3) a change in position by the third party in reliance on that representation. See Mobil Oil Corp. v. Bransford, 648 So.2d 119, 121 (Fla.1995). As to the first element, when there has been no representation of authority by the principal, no apparent or implied agency arises. See Smith v. Am. Auto. Ins. Co., 498 So.2d 448, 449 (Fla. 3d DCA 1986). The acts of the agent, standing alone, are insufficient to establish that the agent is authorized to act for the principal. See Owen Indus., Inc. v. Taylor, 354 So.2d 1259, 1262 (Fla. 2d DCA 1978); Taco Bell of Cal. v. Zappone, 324 So.2d 121, 124 (Fla. 2d DCA 1975); Smith, 498 So.2d at 449. Moreover, the scope of the agent's authority is limited to what the principal has authorized the agent to do. See Poe & Assocs., Inc. v. Estate of Vogler, 559 So.2d 1235, 1236 (Fla. 3d DCA 1990).

…
Thus, like waiver, ratification cannot be presumed simply by the principal's lack of action.
…
Here, the evidence presented by Kindred did not establish that Roderic was ever informed—much less fully informed—of the arbitration agreement signed by JoAnne. Further, Kindred failed to establish any "intelligent act or conduct" by Roderic that would show his intention to be bound by the arbitration agreement. In the absence of such evidence, Kindred cannot show that Roderic ratified the arbitration agreement signed by JoAnne so as to bind the Estate to it.
…
However, neither Kindred nor the trial court cited any authority for this broad proposition, and, in fact, the law is to the contrary. See, e.g., Klepper v. Breslin, 83 So.2d 587, 595 (Fla.1955) (holding that the negligence of one spouse could not be imputed to the other unless he or she was acting as the agent of the other in the matter at hand); Blunt v. Tripp Scott, P.A., 962 So.2d 987 (Fla. 4th DCA 2007) (holding that a husband could not settle his wife's claim with law firm as her agent absent evidence that the wife had represented to the law firm that her husband had authority to bind her in settlement negotiations); Schmidt v. Matilsky, 490 So.2d 237 (Fla. 1st DCA 1986) (holding that one spouse cannot transfer property held by spouses as tenants by the entireties without evidence that that spouse is acting as the duly appointed agent of the other spouse); Douglass v. Jones, 422 So.2d 352 (Fla. 5th DCA 1982) (holding that where spouses owned property as tenants by the entireties and only one spouse signed lease renewal and option to buy agreement with tenants, the agreement was not valid and binding on the non-signing spouse absent evidence that the non-signing spouse had appointed the signing spouse as an agent for that transaction); Benson v. Atwood, 177 So.2d 380 (Fla. 1st DCA 1965) (finding that while the evidence was undisputed that husband had appointed the wife as his agent for purposes of procuring automobile insurance, questions of fact existed as to whether she had been appointed as his agent for purposes of canceling the insurance, thus precluding summary judgment). Since there is no authority supporting a finding that JoAnne was Roderic's agent simply by virtue of her position as his spouse, the lack of any evidence that she was his actual or apparent agent means that the arbitration agreement is not binding on Roderic or the Estate.”

(9). I believe the wife never give any written consent or oral consent saying that the husband is her agent. Furthermore, I believe that there is no representation by the wife that the husband is acting as her agent in this matter of rent reduction agreement I made with the husband in exchange for the repair costs I paid. My belifs are based on these: I never communicated in any manner with wife after the lease is signed; the husband never told me that he has the consent of his wife or acting as agent to his wife in this agreement I and he signed. Finally, the husband will support/witness his wife if there is any legal action against me, and he can easily lie (against me) if that benefits him or his wife.

I sincerely request your advice on my legal status and possible defenses if any on this matter of the validity of the rent reduction agreement, I made with the husband, in exchange for paying the repairs. I already paid some reduced rent for this month and it is deposited in the joint bank account of the husband and wife.

 

[STEPHAN]

What is your problem with the wife? I don't get it.

 

[alexander468]

I suspect that you're worrying too much. A mutual agreement to deduct repair costs from rent doesn't seem like an alteration in rent due, so there has been no "amendment, alteration, addition, or change" to the lease. You're just reducing the number of transactions back and forth as a matter of convenience.

In the interests of insuring full communication, I would write on the memo section "$x rent less $y repairs" of the rent check for x minus y dollars.

If you buy some furniture from the same couple in the future, then you could mutually agree that you will add that value to the rent. In that case you would write on the memo section "$x rent and $z furniture" of the rent check for x plus z dollars.

Further edit: Writing the complete information on the check also transmits information that will be useful when taxes are calculated...

 

[adjusterjack]

Finally, the husband will support/witness his wife if there is any legal action against me, and he can easily lie (against me) if that benefits him or his wife.

When it happens, come back and discuss. Or, pay a lawyer to evaluate your worries for you. I really don't have time to discuss case decisions which likely have no bearing on one spouse acting on behalf of the marital community.

 

[dobson7]

Stephan: Details are provided below about the wife, thank you.
Alexander468: It seems you overlooked the fact that the wife did not sign the agreement for rent reduction, and the case law says that wife is not responsible for the actions of her husband if the property is held as estate by entireties (tenants by entireties). Also it seems the agreement is not made as part of the lease. Details are provided below, thank you.
adjusterjack: thanks for what you have provided already. It would be greate if you could at least comment on Item (2) below, which is not based on case decisions.

(1). The lease says “All payments due from Tenant to Landlord under the terms and conditions of this Lease shall be paid promptly when due without deduction or offset. If any payment is not received by Landlord by 12:00 midnight on the 5th calendar day following the first day of each and every calendar month, a late fee…” but I paid reduced rent based on a agreement I signed with the husband alone. The wife has not signed. The property is owned by the husband and wife as tenants by entirety (i..e, estate by the entireties) and the lease is signed by both of them designated as Landlord. Florida law says “It is well settled in Florida that an estate by the entireties is vested in the husband and wife as one person, and neither spouse can sell, forfeit, or encumber any part of the estate without the consent of the other, nor can one spouse alone lease it or contract for its disposition without such consent.”

(2). Also another probable mistake I have done is: The lease says:
"No amendment, alteration, addition, or change to this lease shall be binding on Tenant or Landlord, unless reduced to writing and signed by them and by direct reference made a part hereof"
However, the agreement I recently signed with the husband for rent reduction does not include any language that states the agreement is (or will be) part of the Lease or intended to be part of the Lease. Therefore, I am worried if the agreement I signed with husband alone for rent reduction, will be binding on Landlord (i.e., wife and husband together). If it is not binding then I violated the Lease (by reducing the rent) because the lease says: "All payments due from Tenant to Landlord under the terms and conditions of this Lease shall be paid promptly when due without deduction or offset. If any payment is not received by Landlord by 12:00 midnight on the 5th calendar day following the first day of each and every calendar month, a late fee…”

I request your valuable comments. My friends told me that this forum is the best one for legal advice.

 

[STEPHAN]

Stephan: Details are provided below about the wife, thank you.

No. Why is this even an issue? Do you expect the wife not to agree? Are they splitting up? What is your real issue?

 

[alexander468]

The agreement states “Landlords (John and Jean) permits the tenant to deduct..."

Alexander468: It seems you overlooked the fact that the wife did not sign the agreement for rent reduction

I hope you reread what I wrote. My point was that a deduction from rent is not a reduction of rent. For some reason, you keep conflating the two. Your rent hasn't changed.

My friends told me that this forum is the best one for legal advice.

You get what you pay for here.

Further edit: If the lease says, "All payments due from Tenant to Landlord under the terms and conditions of this Lease shall be paid promptly when due without deduction or offset." then a separate agreement to deduct a repair cost from rent should have explicitly stated that the agreement was a lease alteration/amendment/new lease. You might be vulnerable to the kind of thing you're worrying about. But until and unless there's a problem, I don't think there's much you can do about it now. If something similar happens again, it's probably in your interest to alter the lease.

 

[dobson7]

Thanks Stephan. you said "No". "No" for what? Are you saying that the agreement is NOT binding on the Landlord? could you clarify?
They are not splitting but I suspect that they sue me for reducing the rent (because my relationship with them after that is not good) and use the probable loopholes/mistakes, I have made in that agreement, against me.

Thank you, alexander468. I did not pay full rent for a month. Wife did not sign any agreement with me for rent deduction or reduction. That is, as far as the wife is concerned, there is no agreement! Also it seems I violated the point 2 in my recent post by NOT including any language that states the agreement is (or will be) part of the Lease or intended to be part of the Lease.

 

[Zigner]

SMH - EVERYONE here is telling you differently, but you seem determined to build this mountain. You should speak to a local attorney for more assistance, as it is clear that you don't want to accept what you're being told here.

 

[quincy]

dobson7, has the landlord-wife threatened to terminate your lease or evict you because you did not pay your rent in full as directed to in your lease?

If not, I guess I am not really understanding your concern.

If the landlord-husband is happy with you as tenant and agreed to have the $700 worth of repair costs deducted from one month’s rent, I don’t see why the landlord-wife wouldn’t be just as happy with you as tenant and equally agreeable to the one-month reduction.

What it seems you are looking for is a solution when there is no problem.