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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Real Estate Law
Satisfied Customers: 4385
Experience:  Extensive experience and training in real estate matters.
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Is it necessary for a husband and wife to both sign a commercial

Resolved Question:

Is it necessary for a husband and wife to both sign a commercial rental lease?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  J.Hazelbaker replied 4 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

There is no requirement under Florida law for a spouse to sign a commercial lease.

J.Hazelbaker :

However, there is also no restriction on the property owner requiring the spouse's signing as a condition of leasing the property.

Customer:

We are leasing to a business. We just need his signature to protect us, if he defaults?

J.Hazelbaker :

Correct.

J.Hazelbaker :

If, however,

J.Hazelbaker :

the business is a legal entity (e.g. a corporation or LLC)

J.Hazelbaker :

then it would be wise to get him to sign on behalf of the business (e.g. "By [name], [title]" and

J.Hazelbaker :

personally

Customer:

I believe it is a corpoation

J.Hazelbaker :

O.K.

J.Hazelbaker :

If it is not an established business and/or there is no credit history

J.Hazelbaker :

then it is common practice to require both the business signature and the personal signature. But, the spouse signature is not necessary or common.

Customer:

ok that's what I needed to know. Doesn't sound like it would protect us to have her sign as well.

J.Hazelbaker :

Well, it would give you a little bit more protection. You could sue her, if he defaults. But, it's still not common unless she has an ownership interest/involvement in the business.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

She does work in the buisness. I don't know if she's got ownership or not.

J.Hazelbaker :

You can look up the business on the Secretary of State website and see which individuals are listed. If she is, then I would ask for her signature. If not, then I would not. The husband's personal signature would be sufficient in my view.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

I just tried to look it up, and no luck.

J.Hazelbaker :

What's the name of the business?

Customer:

reptilecity.com

J.Hazelbaker :

last name corning?

Customer:

no it's willis Felton Willis

J.Hazelbaker :

O.K.

J.Hazelbaker :

Here's the address to the SoS page

J.Hazelbaker :

DANGEROUS URL REMOVED?action=D ETOWN&docnum=G05249700046&seq=000000001&format=P&name=WILLIS%20%20%20%20%20%20%20%20%20%20%20%20%20%20FELTON%20%20%20%20%20%20%20%20N&rdocnum=G05249700046&rseq=000000001&rformat=P&rname=WILLIS%20%20%20%20%20%20%20%20%20%20%20%20%20%20FELTON%20%20%20%20%20%20%20%20N

J.Hazelbaker :

have to copy and paste that

J.Hazelbaker :

But

J.Hazelbaker :

here's the deal

J.Hazelbaker :

That's a trade name

Customer:

uh oh

J.Hazelbaker :

not a business entity

J.Hazelbaker :

and it's expired.

J.Hazelbaker :

I don't show any corporation or LLC organized under Florida law with a Felton Willis.

J.Hazelbaker :

Doesn't mean that they aren't legitimate

J.Hazelbaker :

just that they don't have a formal business entity.

J.Hazelbaker :

Thus, I would require both personal signatures

Customer:

They moved here from Arizona, maybe they havn't switched it over to Florida yet?

J.Hazelbaker :

Perhaps. But, the fact that they had a registered trade name in Florida that has already expired indicates that they have the knowledge and ability to do so.

J.Hazelbaker :

But, that was for "Reptile City"

J.Hazelbaker :

Perhaps they are changing course (e.g. "reptilecity.com")

Customer:

yes it's reptilecity.com

J.Hazelbaker :

Still, I would require personal signatures until/unless they provide you with a certificate of good standing from the Florida

J.Hazelbaker :

Secretary of State for the business entity that they want to sign the lease under.

J.Hazelbaker :

Once they have a valid legal entity, that's a simple request to fulfill.

J.Hazelbaker :

You don't have to take their word for it.

Customer:

ok Thank you for your help. Is it possible to email this chat to me so I can forward it to my husband?

J.Hazelbaker :

Once you Accept, you can access the thread in your My Questions tab where you can print it our copy text and paste into an email file.

Customer:

perfect thanks again

J.Hazelbaker :

You are welcome.

J.Hazelbaker :

Good luck.

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