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Can one of our landlords try to evict us? Landlords are going through a divorce and I am stuck in the middle as a tenant.
Wildwood, FL
Viewed 38 times.
Posted 30 days ago in Landlord / Tenant
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I have a commercial lease for my business. This property is owned by a husband and wife who are currently in divorce proceedings and he is in jail for a short time. I signed the lease with the husband and the lease stated his "or" her name not "and". When he went to jail she immediately sent me eviction papers. Can she legally evict me even though I have an agreement with the husband? Isn't this an issue to be addressed in the divorce between the 2 of them? She is slandering my name is causing me to lose business. Telling people that I am not paying rent. But I can provide receipts of rents paid to date. From what I understand she has never had an issue with not signing the leases for previous renters. Also when the husband gets released on Nov 12, 2009 he intends to honor the lease.
Additional information
This is a 5 year lease not a month to month lease. I have not breached the lease in any way being the tenant. My rent is current as well as my sales taxes are paid to date. I did have someone tell me that the lease was not valid due to both husband and wife did not sign. Isn't that an issue for them and not the tenant? Since the husband is the one who did not have the wife sign how is that a tenant breach of contract? Answers (1)
Dennis Michael Phillips
This attorney is licensed in Florida.
Posted 30 days ago.
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On the narrow facts that you presented, it seems like you are stuck dealing with the wife. That word "OR" gives either party the authority to act. That being said, an eviction is a breach of the lease agreement unless you are on a month to month (or shorter) basis. Sit down with an attorney in your area to go over the lease agreement and your payment history. If the lease term isn't over yet and you can show that you have not breached the lease as the tenant, then you should probably have good grounds to stand and fight. I hope the lease contains a provision for attorney fees to the prevailing party. Good luck.
Dennis Phillips, Esq. www.inawreck.com. Negligence is no "accident" (TM) Million Dollar Advocates Forum, Mensa, Florida Bar, American Association for Justice, Florida Justice Association, Palm Beach County Justice Association, Broward County Justice Association |
