Legal Question in Real Estate Law in Florida
Hello
I signed a lease with my boyfriend for a year. On the contract to lease the dates are wrong. We leased from july 2009-june 2010. The contract to lease says July 2010 to June 2010.
When I went to pick up the key and the contract to lease from the realtor, he handed me an addendum to the lease, where the dates were correct.
On the addendum to the lease, the section where it says how much we have to pay the rent, the dates are wrong again.
Also, while I signed the addendum to the contract to lease, my boyfriend didn't. The realtor told me to write his first name and initial of his last, but it does not have his signature. Also, where his name is written, there is no date.
I signed and dated the addendum to the lease.
Considering all this discrepancy on the lease and the fact that my boyfriend didn't signed the addendum, agreeing to the new dates, can I get out of the lease?
Am I correct to assume that in contractual terms, me and my boyfriend are an entity, and my landlord the other, and in order for a contract to be binding, all three signatures need to be on the contract?
Thank you
2 Answers from Attorneys
No, the minor defects like you've suggested don't invalidate the lease, and you and your boyfriend aren't an "entity." Your boyfriend has a very weak argument for getting out of the lease if he is ever sued, but you have none.
From what you have written here, the lease is still valid and legally enforceable against you, individually. You and your boyfriend are not an entity under the law (see my blog post on rights of unmarried couples at floridawillmaker.com), and he did not sign the lease. So it sounds like you, at the very least, are on the hook for it. You could always go after him for contribution, but it would have been better if he had signed it. In the future, you may change the dates if they are incorrect or refuse to sign the contract until corrected and make sure all of the parties to the contract actually sign it. You can always ask your landlord to let you out early. If landlord does so and agrees to waive any required fees, get it in a signed writing. Regards,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
