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dma0206x2 · Jan 31, 2011, 01:28 PM

Is a 15 month lease legal? I was told 15 month leases are not valid without being witnessed. Is this true?

AK lawyer · Jan 31, 2011, 01:32 PM

15 month term is unusual, but I don't see why it wouldn't be "legal".

Probably not true that it has to be witnessed. What state are you in?

dma0206x2 · Jan 31, 2011, 04:05 PM

Florida

ballengerb1 · Jan 31, 2011, 04:15 PM

Lease on what, a home? I see no reason for a witness to make a lease longer than the standar 12 months. I have leased apartments month to month, 12 months and even a 2 year lease. I am in Illinois but know of no Florida law preventing a lease longer than 12 months.

AK lawyer · Jan 31, 2011, 04:41 PM

Perhaps this is the law you are referring to:

"695.01Conveyances to be recorded.
—(1)No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law; nor shall any such instrument made or executed by virtue of any power of attorney be good or effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser.

(2)Grantees by quitclaim, heretofore or hereafter made, shall be deemed and held to be bona fide purchasers without notice within the meaning of the recording acts."

The requirements for recording an instrument are here.

A statute regarding witnesses to an instrument is this one:

"To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated by a civil-law notary or notary public who affixes her or his official seal, ...".

You will note that to be recorded it has to be acknowledged, witnessed, or notarized.

So I don't read sections 695.26 or 695.03 to require a witness, but in any event, if the lease wasn't recorded that doesn't make it not "valid", it simply affects whether it can be enforced against subsequent purchasers.

dma0206x2 · Jan 31, 2011, 05:16 PM

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.

I was actually talking about the above law. I am just trying to figure out if I have any basis to get out of my lease (since it has been a year and I was unaware of the statute)

ScottGem · Jan 31, 2011, 05:21 PM

Ignorance of the law is not an excuse. As long as it was properly executed, you are bound.

dma0206x2 · Jan 31, 2011, 05:24 PM

Ignorance of the law on behalf of the landlord is an excuse considering it was NOT executed properly per the Florida statute.

ScottGem · Jan 31, 2011, 05:27 PM

I'm not so sure that's the case. I would consult an attorney knowledgeable about Florida Real Estate law. Florida is very landlord friendly.

AK lawyer · Jan 31, 2011, 06:33 PM

Originally Posted by dma0206x2

"689.01 ... --No estate or interest ... for a term of more than 1 year, ... shall be created... in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses ..."

I was actually talking about the above law. I am just trying to figure out if I have any basis to get out of my lease (since it has been a year and I was unaware of the statute)

It's a reasonable argument. Since it was for more than one year, it would have had to be witnessed. Since it wasn't, you are in a month-to-month situation. Sure, go for it.

becky9119 · May 17, 2012, 09:00 PM

[ Dear Ak You are more than helpful You are a Magician This was just what I needed Many thanks Becky

AK lawyer · May 18, 2012, 08:15 AM

:) You are welcome.

So it went well?