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Jdamsker · Sep 17, 2014, 02:51 AM

In the state of Florida as a renter if I signed 2 1 year leases at the beginning is the 2nd year valid

ScottGem · Sep 17, 2014, 03:26 AM

As long as the landlord agrees. Why would you think it wouldn't be?

Why 2 separate leases though? I could imagine it if there is an increase in the rent for the second lease.

Jdamsker · Sep 17, 2014, 06:21 AM

2 year leases are not valid in fl

Unless written by an attorney and witnessed

I was told the second year has to be signed after the first year ends and I'm trying to find out if that's true

AK lawyer · Sep 17, 2014, 09:12 AM

Originally Posted by Jdamsker

2 year leases are not valid in fl

Unless written by an attorney and witnessed

I was told the second year has to be signed after the first year ends and I'm trying to find out if that's true

Most of the things you were told are incorrect:

Two-year leases (or two single-year leases) are valid.
Leases don't have to be written by an attorney.
One-year leases don't have to be witnessed. and,
The second one-year lease can be signed before the first year has expired.

It is true in Florid, however, that a 2-year lease would have to be witnessed (two witnesses being required).

"689.01. How real estate conveyed
No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party's lawfully authorized agent, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to, or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party's lawfully authorized agent, or by the act and operation of law. No seal shall be necessary to give validity to any instrument executed in conformity with this section. Corporations may execute any and all conveyances in accordance with the provisions of this section or ss. 692.01 and 692.02." (emphasis added)

ScottGem · Sep 17, 2014, 09:31 AM

Ok that's why the two separate leases. To not require the witnessing required of a 2 year lease.

AK lawyer · Sep 17, 2014, 09:36 AM

Perhaps.

But if a lease is signed today, for a occupancy to begin a year from today and to end two years from yesterday, I'm not totally sure that the "term" doesn't begin today. In such case, of course, the term would be longer than a year and the witnessing requirement would apply.

It's a silly formality, in my opinion.