Legal Question in Real Estate Law in Florida

On June 5, 2014, my partner and I signed a 12 month lease for a rental property through a property management company - on this day we paid the security deposit, first month's rent and were given the keys to the property. Today, the property management company called us to let us know the owner did not agree to the terms of the lease and is only willing to do a six month lease because she has decided to move back to the house. After visiting his office, I was able to get a copy of the lease that we signed but it does not have the owners or the property management company's signature. My question is, can the lease be considered executed on the implied intent to sign the lease by the exchange of the deposit/first month's rent for the keys to the house? It seems deceitful and negligent on behalf of the property management company by allowing us to move in before they "okayed" it with their client. I explained today I would be willing to resign the lease for six months but only if I would receive damages for breaking the lease (mainly for moving expenses). He denied the request and said we currently do not have a lease and since it's the owner�s house, the owner can ask that we leave by the end of the month without notification. Is our lease considered executed? Is there any implied contract by the exchange of deposit for keys? Lastly, even if the lease wasn't signed by landlord, could it be considered that we agreed to those terms orally since they have it on file and it was signed by the lessee?

Asked on 6/19/14, 6:05 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

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The lease agreement controls the situation. It needs to be reviewed by an attorney. Implied means a Court imposes it, so unless you are filing suit there wont be any implied contracts. Your other written exchanges could confirm the existence of an agreement even without a signed lease.

Answered on 6/19/14, 6:10 pm

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