Can a Landlord sign a 2 year lease in FL? If he does, could the tenant start to claim rights of ownership?
I ask this becaue the standard lease approved by the Supreme Court only considers a one year lease.
Thank you very much,
Landlord / Tenant Lawyer
There is such a thing as a two-year written lease, if certain conditions are met. Namely, two non-interested witnesses must sign their names to the document that they witnessed the signatures of the Lessor and Lessee. Of course, as always, the names of all parties signing should be legibly printed below the signature line.
If two witnesses were not used, then a judge may find that there was still a meeting of the minds in that the parties intended to create an agreement. Whether the judge would enforce all of the terms? I don't know...but the Tenant could not claim a right of ownership, no.
There is no right of ownership created by a two year lease other than the rights contained in the lease. Generally quiet enjoyment of property is included. A lease for a term greater than one year must be signed by two witnesses. if there are no witnesses listed on the lease then the lease is invalid. How a judge applies the law may vary but Fla. Stat. 689.01 requires two witnesses for the lease to be valid. I believe a judge would find that there is a month to month tenancy and that either party can terminate the lease on fifteen days notice.
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