Legal Question in Real Estate Law in Florida
lease guarantor rights
the guarantor form given to me has section for notary and the form says it must be signed in front of a notary. If form not filled out by notary, and faxed to appartment renters can i be held liable in case of renters failure to pay the rent?
2 Answers from Attorneys
Re: lease guarantor rights
Mr. Fernandez is right.
Guarantor's Responsibilities
FACTS: Guarantor form has section for notary; form says must be signed in front of a notary.
Q. If form not signed in front of notary, and faxed to apartment renters, can i be held liable if renters failure to pay the rent?
A. Yes, if the Landlord can prove you signed the guarantee. Notarization is just a method of identification to prove who signed the form. It has nothing to do with the legality of the guarantee. Florida recognizes a fax copy as a legal contract.
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