Legal Question in Real Estate Law in Florida

My daughter is a college student and wants to sign a 12-month lease agreement. The apartment complex management company requires a separate 'Guaranty of Payment of Rent Under Lease' form signed by one of the student's parents. I don't necessarily have a problem with that, however, I question one section of it which reads as follows:

"Guarantor agrees to pay Landlord's's actual attorney's fees and expenses in the enforcement of the lease and this guaranty prior to subsequent to judgment and in any and all trial and appellate tribunals, whether suit be brought or not, if, after default, counsel shall be employed by Landlord. All amounts due hereunder shall bear interest at the highest rate allowed by law from the date of default until paid. This guaranty is to be performed in Leon County, Florida and any action based on this instrument shall be brought in the appropriate court located in that count and in no other court.

1. Is it customary to require a tenant or in this case a Guarantor the landlord's attorney's fees? Is this standard wording for a lease agreement?

2. How about the 'all amounts due shall bear interst at the highest rate allowed by law.' That seems extreme. Is that customary wording?

3. What if I refuse to sign the Guaranty of Payment because I don't like the wording? Can they legally deny her the apartment on that basis?


Asked on 1/13/10, 12:46 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

1. Is it customary to require a tenant or in this case a Guarantor the landlord's attorney's fees? It is fairly standard when reenting to students, who have a higher than usual default rate, break leases frequently, and sometimes trash the place.

2. How about the 'all amounts due shall bear interst at the highest rate allowed by law.' That seems extreme. Is that customary wording? Yes.

3. What if I refuse to sign the Guaranty of Payment because I don't like the wording? Can they legally deny her the apartment on that basis? If you refuse to sign, then they may not lease the unit to her. Try to find another place if you don't like this provision or scratch out what you do not like and submit it like that. They may accept it.

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Answered on 1/18/10, 3:21 pm
Lesly Longa Longa Law P.A.

1. Yes, 2. Yes, 3. Yes, but you would have to speak with the landlord. Make sure your daughter pays the rent and you will not have to worry about attorney's fees and interest. Regards,

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Answered on 1/19/10, 5:41 am


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