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dwell22
Nov 21, 2009, 08:40 PM
We signed a Contract to Lease (not lease itself)in the State of Florida as Tenants. The Landlord then signed the Contract to Lease a day later. The Contract states that a Lease shall be entered into by a certain date. The date past but Landlord and Tenant were in negotiations (thru their brokers)during this period. Lease was signed by Tenant and sent to Landlord, but Landlord never signed,and Landlord signed lease with another Tenant. IS CONTRACT BINDING With Original TENANT? IS ORIGINAL TENANT ENTITLED TO DAMAGES DUE TO BREACH FROM LANDLORD?

excon
Nov 22, 2009, 06:02 AM
The Contract states that a Lease shall be entered into by a certain date. The date past but Landlord and Tenant were in negotiationsHello d:

Did your broker seek a written extension on the original contract? No, huh? Then the contract expired.

excon

ScottGem
Nov 22, 2009, 06:06 AM
This is a case where the terms of the contract apply. If the contract said a lease had to be entered into by x date and no lease was signed by both parties by that date, then the contract lapsed and was no longer binding.

Fr_Chuck
Nov 22, 2009, 12:04 PM
The side that refused to sign would be subject to any penalty that is allowed in the contract