Legal Question in Real Estate Law in Florida

Landlord Tenant

If a rental agreemtment provided to a residing tenant bears the signature of only one owner is it legal and enforceable, where the primary owner was never informed of the rental of the property? Can these tenants be asked to leave by the primary owner when both owners do not agree?


Asked on 8/07/07, 1:39 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Landlord Tenant

yes, it is enforceable.

Read more
Answered on 8/07/07, 1:51 pm
Trey Miller Law Office of Trey E. Miller III, P.A.

Re: Landlord Tenant

It might be enforceable. What type of business entity do the two owners have and is one owner permitted to act on behalf of the other? Those questions would need to be answered.

Read more
Answered on 8/07/07, 1:58 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Landlord Tenant

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.

Possibly. If the rental agreement had been entered into between the parties and the owner who signed it had the actual apparent authority to bind the parties, it might be held to be enforceable against them. Further, if the agreement has already been in force for several months, the landlords would be hard pressed to now claim that it is not valid. If possession has already been given to you, and you have moved into the property, you have a much stronger argument than if you have not yet been given possession. You should consult a local attorney to review the matter and who can explain your legal rights and obligations to you.

Scott R. Jay, Esq.

Read more
Answered on 8/07/07, 10:59 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida