Legal Question in Real Estate Law in Florida

Re: Apartment leases

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: There may be a defense, but you will have to look at the terms of your lease agreement. You have given no facts as to why you elected to not look at the property before you decided to rent it, or if there was anyone preventing you from seeing the property. When you think about it from the landlord's position, it would be unfair if he kicked you out after 2 days if you wanted to stay. If you do wrongfully terminate then the landlord could still hold you responsible for the rent while he tries to find another tenant.

The only thing that I can think of without actually seeing your lease is to look at the following statute which requires 2 witnesses sign for a lease that is more than 1 year.

That statute provides as follows:

689.01. How real estate conveyed.

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 other manner 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 agent thereunto lawfully authorized, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party's agent thereunto lawfully authorized, or by the act and operation of law. No seal shall be necessary to give validity to any instrument executed in conformity with this section. Corporations may convey in accordance with the provisions of this section or in accordance with the provisions of ss. 692.01 and 692.02.

Good luck,

Randall Gilbert