[jjroxy]

Can I break a 2 year lease in the State of Florida if there is no signatures by 2 witnesses?

[JudyKayTee]

This has been asked before. AMHD has a Florida Attorney who answers questions and I hope he comes along but here is my understanding:

Two witnesses are required to both signatures (tenant and landlord) UNLESS either party is a corporation.

Are you an individual dealing with another individual?

If there are NOT two witnesses the lease is valid for ONE YEAR ONLY. When that year expires unless there is a new lease it goes to a month-to-month basis. (I could be a 20 year lease. No witnessess and by law it's a one year lease.)

The fact that you lived under the terms of the lease does NOT change the requirement that there be two witnesses. For example, the landlord cannot say, “Well, he/she always knew there weren't two witnesses but he/she moved in anyway.” Doesn't matter.

HOWEVER - the “two witness rule” (for lack of a better explanation) means the lease, whatever the term the lease is written for, is valid for one year only. It does not void the lease.

If you signed a 2 year lease and there were not TWO witnessess it is, in fact, a 1 year lease and after that year it automatically becomes a month-to-month tenancy.

I don't know how long you've resided on the property. What are your grounds for wanting to leave?

(I hope you understand what I am saying. I am not in NY so this law is rather foreign to me, other than the fact that I've researched it before.)

[jjroxy]

Thank you for your feedback. I have a couple emails out to lawyers in our area to get some answers, but it sounds like you are pretty on point with it.

[JudyKayTee]

I researched it once before and researched again for you and I am 99.9% positive I am correct.

When the question was first posted I was pretty surprised. I truly don't understand the purpose of that particular law. Seems more complicated than it needs to be!

[jjroxy]

We have 4 months into a year, so from my understanding we need to wait it out the 6 months to avoid legal issues? Thanks again for taking the time to answer my question.

[jjroxy]

Sorry I meant to say wait another 8 months...

[JudyKayTee]

That's my reading of the law, yes. The lease is binding for one year, then it's "dead."

[jjroxy]

I had a lawyer in Florida answer me back. He sent me a paragraph about the lease laws. He said from his understanding it's a month to month, but the only way to know for sure is if the landlord takes us to court and then its up to the judge how he views it.

[JudyKayTee]

Do you know what he sent you? Let me see if I can pull up my research because the way I posted it is the way I understand it.

I do agree with the part about the Judge - I think we've all seen or heard about strange decisions, contrary to common sense and the law.

[JudyKayTee]

Okay, part 2 - I'm going to post this as I read it, important parts highlighted:

In a recent Florida case, a landlord and tenant entered into a 10 year lease. Each signed the lease, but no witnesses signed. The landlord sought to void the lease because the signatures of the parties were not witnessed by two witnesses.

Fla.Stats. §689.01 reads in part "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."

At first reading, there is no mention of a lease in the statute. However, since a lease is considered a transfer of an interest in land, the statute applies and leases for more than 1 year require two signatures.The case does not make new law on this issue, but since it is a nonobvious issue, it bears mentioning, especially for those that don't practice regularly in the real estate area.

The case also held that the 2 witness requirement was not overridden by Fla.Stats. §608.4235, which authorizes a transfer of an interest in real property by a limited liability company on the signature of any member and makes no mention of required witnesses." Rubin on Tax: 2 WITNESS RULE FOR LEASES [FLORIDA]

"Regarding Florida leases, always require two subscribing witness to both the landlord's and tenant's signatures (unless they are corporations when a corporate seal is a valid alternative). Therefore, one witness will not satisfy the two witness requirement! Subscribing witnesses are witnesses that are present when the document is signed. The witnesses do not have to be disinterested, so the landlord or its agents may be the witnesses to the tenant's signature. Failure to have two subscribing witnesses (or a corporate seal if the subject party is a corporation) will render the lease valid only for one year and then on a month-to-month basis thereafter in the event the landlord desires to sue the tenant for prospective (future) damages or rent. Part performance, such as the fact that the tenant takes occupancy or pays some monthly rent payments, does not "sanctify" the lease except in equitable actions. An action for damages or rent is not an equitable action. An eviction would lie whether the lease is properly witnessed." Charles J. Levin ? Attorney At Law

I think this is a GREAT question, by the way. I love the way you presented it. Very interesting law, particular to Florida.

Any thoughts or need anything else?

[jjroxy]

Thank you for all the information. I think we are stuck here for about 8 months from the information I am gathering.

[JudyKayTee]

- Unless you have other grounds to break the lease. Do you think maybe you do?

If you NEED to get out you could always try to break it based on the "two witnesses" and hope it doesn't go to Court and the landlord doesn't know the law.