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Do I have a valid Florida lease?

Asked over 3 years ago - Naples, FL

My Florida lease is with the father of the actual owner of the house. The lease states that the lessor is "owner of the property." The actual owner's name is nowhere on the lease. The father is the registered agent, but does that matter? This is not a valid lease is it?

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Attorney answers (2)

Daren L Rubenfeld

Reputation Level 9

Answered over 3 years ago. Real Estate Attorney in West Palm Beach, FL.

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This lease is valid if the signor of the lease has authority to sign the lease on behalf of the owner. You can ask the owner to submit to you in writing that the father had authority. If the owner says the father had authority, then you have a lease. If the owner says the father did not have authority you may claim that the father had authority if the owner had knowledge of the lease, allowed you to move in, and did nothing to intercede. Also, very important is whether the owner is excepting rent payments. There are other variables as well.

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Dennis Andrew Chen

Reputation Level 15

Answered over 3 years ago. Landlord / Tenant Lawyer in Orlando, FL.

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If for some reason you do not have a valid written lease, if the owner is accepting the rent payments and has not objected to your possession of the property, then you would have a valid oral lease of unspecified term. If rent is paid monthly then you probably have a month-to-month lease. As the other attorney stated, you could have a valid written lease if the father acted with the authority of the owner.

ChenLaw

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