Legal Question in Real Estate Law in Florida
leasing a duplex but only want one name on the lease
My boyfriend and I are moving out of his parents and I want the duplex in my name only. He does not want to sign the lease, and the woman said if he is going to be there he needs to sign it, but why if he and I both agree that its to be in my name only? can she kick me out if I have him there more than just a few days a week?
1 Answer from Attorneys
Re: leasing a duplex but only want one name on the lease
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.
Yes, the landlord has the right to require all permanent tenants who have reached the age of majority to execute the lease. This allows the landlord to evict them if any of the terms of the lease is breached including failure to pay rent. Additionally, the landlord can seek damages against either party if monies are owed by the tenants.
If your boyfriend refuses to sign the lease and simply moves in, the landlord has the legal right to file suit for eviction including all costs incurred as a result of your violation of the lease. Whether or not that will happen, is up to the landlord.
Scott R. Jay, Esq.