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    dwell22's Avatar
    dwell22 Posts: 2, Reputation: 1
    New Member
     
    #1

    Nov 29, 2009, 08:10 PM
    Florida Contract to Lease Form
    Florida Contract to Lease Form

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    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's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 30, 2009, 06:32 AM
    Quote Originally Posted by dwell22 View Post
    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?
    Hello d:

    I'm having a case of déjà vu... Nonetheless, if the contract to lease was BREACHED, it must have some sanctions written in for violation... But, the LEASE wasn't entered into, therefore it cannot be enforced..

    However, the situation makes no sense on its face... IF negotiations are NOT complete, no landlord would enter into a contract forcing him, not only to negotiate, but to CONCLUDE negotiations by a certain date... It just seems like there's ONE contract too many here.

    excon

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