Answers general questions about residential real estate in Florida. More specific answers for the southwest area of Florida - Naples, Bonita Springs, and Estero Florida - Collier and Lee Counties. Will not answer any questions about commercial real estate or business brokerage.
Experience
Experience in the area: I have held a Florida real estate license since 1995 and Florida mortgage broker license since 1996. I have specializes in the residential real estate market as a full-time REALTOR since 1996. Currently a member of the Legal Resources Committee of the Naples Area Board of Realtors.
Organizations Naples Area Board of Realtors, Lake Placid Board of Realtors, Florida Association of Realtors, National Association of Realtors
Publications Have been interviewed by the local NBC, ABC, and FOX affiliates about correcting erroneous information on credit reports, local real estate market conditions, and foreclosures. Glenn authors Naples Real Estate Blog
Education/Credentials Bachelor of Science Degree in Accounting from Bentley College, Waltham, Mass.
Post graduate courses at Nova University.
Awards and Honors 2007 Best in Client Satisfaction - Real Estate Agent by Gulfshore Magazine.
2006 Best in Client Satisfaction - Real Estate Agent by Gulfshore Magazine.
Expert: Glenn Ginsburg Date: 4/28/2008 Subject: Question about validity of two year lease
Question Hi,
My wife and I entered into a two year lease agreement in July of 2006, to run until July 31, 2008 for a 4 bedroom home in a newly built community in Pasco County, Florida. In the time we have lived at this property, because of the number of foreclosures and the general downturn of the economy, this neighborhood has gone downhill. Proposed amenities were never built, current amenities have been removed, and the crime rate has greatly increased. We feel very upset at what has happened (although we understand the owner did not directly make these things happen.) We have a new rental property lined up to move to in a much better neighborhood. When reviewing our current lease, we discovered that the copy we received at the time of signing only contains our signatures. The owner never signed it and the witnesses never signed it. Additionally, one of the pages was not initialed by myself. Would this fact deem the remainder of the lease invalid? Ideally we would be able to move and not be responsible for the remaining three months to the current landlord. Additionally, the lease never even states what bank the deposit was to be placed into. I would think this would even allow us to be entitled to not have the deposit kept by the landlord, except for any valid charges we may be responsible. If you don't think it would allow a complete voiding of the lease, do you think it would move the lease over to being considered an oral agreement of longer than a year, which from what I can determine, only requires 15 day notice to be terminated by either party? Thanks so much for your insights on this matter
Answer Hi John,
It is possible that the owner of the property did sign a copy of the lease, which you did not receive. It does happen occasionally.
The landlord is the one responsible for returning any deposits to you after vacating the property.
You are correct that in the case of a tenant at will, notice can be delivered to terminate the occupancy.
Sometimes, the actions of individuals could be an implied contract, without a signed formal agreement. Since, I am not an attorney licensed in the state of Florida, I would strongly suggest you, consider consulting with an attorney as to your options.
Thank you,
Glenn Ginsburg
Follow up response:
John,
By your response to the survey you appear to be disappointed. I would like to comment on your response and add some additional information for you.
In the State of Florida, real estate agents can only use the State of Florida's Supreme Court approved lease agreement for a maximum of one year.
In your case you have a two year lease agreement. This means that either the property owner or his legal representative would have written the lease. If a real estate agent was involved in the lease transaction, the agent would have obtain the lease from either the owner or had an attorney write it.
Since, it is a lease agreement that for lack of a better explanation is custom tailored, it is difficult to comment intelligently about its contents or implications without reviewing the actual document.
In addition, you lived about 21 months under the lease agreement, it could show your agreement with the conditions contained within the lease agreement. Since I am not licensed to practice law in the State of Florida - I can not give you legal advice as to if it is enforceable or not.
Real estate agents are not attorneys and sometimes, questions arise which cross the line between real estate and law. When it becomes an issue of law, I do refer the individual to confer with their legal adviser or when applicable their tax adviser or CPA.
