Signatures on lease

[gonsalesp]

What is the name of your state? Florida

Living in a rental home, $250 per month rent for the last 9 months and the lease is for 12 months. I and LL signed the lease, no one else signed. Lease provides me a choice to renew it for another 12 months with same options but 3% increase of rent by supplying a minimum of 30 day notice to LL. I gave that notice but LL but he refused. Part of his reply is



Florida Statute §689.01 provides that the lease of a term for more than one year should be in writing and signed in the presence of two subscribing witnesses. This has been applied to all leases in excess of one year inclusive of renewal terms/renewal leases. Our lease is not signed in the presence of two subscribing witnesses. The lease is defective from the very beginning. See Taylor v. Rosman 312 So. 2d 239 (3rd DCA 1975).



I am novice to legal matters and I am hardly living. Very much request your help.

 

[quincy]

What is the name of your state? Florida

Living in a rental home, $250 per month rent for the last 9 months and the lease is for 12 months. I and LL signed the lease, no one else signed. Lease provides me a choice to renew it for another 12 months with same options but 3% increase of rent by supplying a minimum of 30 day notice to LL. I gave that notice but LL but he refused. Part of his reply is



Florida Statute §689.01 provides that the lease of a term for more than one year should be in writing and signed in the presence of two subscribing witnesses. This has been applied to all leases in excess of one year inclusive of renewal terms/renewal leases. Our lease is not signed in the presence of two subscribing witnesses. The lease is defective from the very beginning. See Taylor v. Rosman 312 So. 2d 239 (3rd DCA 1975).



I am novice to legal matters and I am hardly living. Very much request your help.

What was the landlord’s reply? The statute?

An option to renew a lease does not mean a landlord must renew the lease.

 

[Zigner]

What was the landlord’s reply? The statute?

An option to renew a lease does not mean a landlord must renew the lease.

Actually, that's exactly what it means on its face. If the lease gives the tenant the option to renew, then the LL can't refuse it, assuming all other related terms are met (notice, increased rent, etc.)

 

[Taxing Matters]

I am novice to legal matters and I am hardly living. Very much request your help.

Your landlord has "overlooked" a key part of the statute he is citing. Florida law requires that most interests in land that are longer than one year must be in writing and signed by two witnesses. The part he conveniently fails to mention is that the statute expressly states: "however, that no subscribing witnesses shall be required for a lease of real property or any such instrument pertaining to a lease of real property." F.S. § 689.01(1). So the statute excludes all leases from the witness requirement. The case cited by the landlord does not help him. It does not say what the landlord contends it does. Indeed, the court upheld the landlord's claim to seek rental payments for the renewed lease.

 

[reenzz]

That was changed last year. Witness signatures are no longer required for leases longer than 1 year.

https://www.shutts.com/news-The-End-of-the-Two-Subscribing-Witnesses-Requirement-for-Florida-Leases

 

[quincy]

Here is an interesting case to review:

https://scholar.google.com/scholar_case?case=12471254418114231023&q=jahanagiri+v.+1800+north+&hl=en&as_sdt=40006

It takes more than saying a lease is renewable to have an enforceable agreement to renew.

 

[Zigner]

Here is an interesting case to review:

https://scholar.google.com/scholar_case?case=12471254418114231023&q=jahanagiri+v.+1800+north+&hl=en&as_sdt=40006

It takes more than saying a lease is renewable to have an enforceable agreement to renew.

The facts of that case are different than here. In that case, there had been no rental rate determined for the renewal. In this case, there has already been a rental amount established as part of the renewal clause (a 3% increase).

 

[quincy]

The facts of that case are different than here. In that case, there had been no rental rate determined for the renewal. In this case, there has already been a rental amount established as part of the renewal clause (a 3% increase).

The 3% is a method used to arrive at the amount of rent increase.

 

[Zigner]

The 3% is a method used to arrive at the amount of rent increase.

Yes, already negotiated and established. If rent is $250 now, then it's $257.50 upon renewal. There is no question as to the amount.

In the case you cited, there was no set rent amount for the renewal.

 

[quincy]

Yes, already negotiated and established. If rent is $250 now, then it's $257.50 upon renewal. There is no question as to the amount.

In the case you cited, there was no set rent amount for the renewal.

A dollar amount should be included to avoid any question ... but the point I was trying to make is that a clause in a lease that provides an option to renew is not always enforceable.

The exact terms of the lease and all facts of the rental must be known to determine if there is an enforceable right to renew.

 

[adjusterjack]

I think that 689.01 does not apply. I have not found Taylor vs. Rosman online but I have found S&I Investments v. Payless Flea Market, Inc

That was changed last year. Witness signatures are no longer required for leases longer than 1 year.

https://www.shutts.com/news-The-End-of-the-Two-Subscribing-Witnesses-Requirement-for-Florida-Leases

That just saved me from a lot of work.

 

[quincy]

Taylor v. Rosman:

https://casetext.com/case/taylor-v-rosman

 

[Zigner]

A dollar amount should be included to avoid any question ... but the point I was trying to make is that a clause in a lease that provides an option to renew is not always enforceable.

The exact terms of the lease and all facts of the rental must be known to determine if there is an enforceable right to renew.

"Should" always be included...I'm not sure I agree. I mean, yes, that would make it perfectly clear, but if it can be represented by an unambiguous calculation, it is sufficient (insofar as the amount of rent is concerned). In fact, on any of the leases (or other financial agreements) I have ever seen, increases have been governed by either a percentage of the current amount, or tied to some sort of consumer index. The point is that it can't be so vague (e.g. "to be negotiated upon renewal") that it can't be calculated. I do agree that, generally, there can be factors that render a renewal clause unenforceable.

 

[quincy]

"Should" always be included...I'm not sure I agree. I mean, yes, that would make it perfectly clear, but if it can be represented by an unambiguous calculation, it is sufficient (insofar as the amount of rent is concerned). In fact, on any of the leases (or other financial agreements) I have ever seen, increases have been governed by either a percentage of the current amount, or tied to some sort of consumer index. The point is that it can't be so vague (e.g. "to be negotiated upon renewal") that it can't be calculated. I do agree that, generally, there can be factors that render a renewal clause unenforceable.

I agree with what you are saying but I would want to see how exactly the renewal option is worded. I would also like to know why the landlord does not want to renew the lease.

 

[adjusterjack]

Taylor v. Rosman:

https://casetext.com/case/taylor-v-rosman

Casetext is a pay site. I'm too frugal.