Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello. Thank you for using JustAnswer.
There is no requirement under Florida law for a spouse to sign a commercial lease.
However, there is also no restriction on the property owner requiring the spouse's signing as a condition of leasing the property.
We are leasing to a business. We just need his signature to protect us, if he defaults?
the business is a legal entity (e.g. a corporation or LLC)
then it would be wise to get him to sign on behalf of the business (e.g. "By [name], [title]" and
I believe it is a corpoation
If it is not an established business and/or there is no credit history
then it is common practice to require both the business signature and the personal signature. But, the spouse signature is not necessary or common.
ok that's what I needed to know. Doesn't sound like it would protect us to have her sign as well.
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.
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.
She does work in the buisness. I don't know if she's got ownership or not.
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.
I just tried to look it up, and no luck.
What's the name of the business?
last name corning?
no it's willis Felton Willis
Here's the address to the SoS page
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
have to copy and paste that
here's the deal
That's a trade name
not a business entity
and it's expired.
I don't show any corporation or LLC organized under Florida law with a Felton Willis.
Doesn't mean that they aren't legitimate
just that they don't have a formal business entity.
Thus, I would require both personal signatures
They moved here from Arizona, maybe they havn't switched it over to Florida yet?
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.
But, that was for "Reptile City"
Perhaps they are changing course (e.g. "reptilecity.com")
yes it's reptilecity.com
Still, I would require personal signatures until/unless they provide you with a certificate of good standing from the Florida
Secretary of State for the business entity that they want to sign the lease under.
Once they have a valid legal entity, that's a simple request to fulfill.
You don't have to take their word for it.
ok Thank you for your help. Is it possible to email this chat to me so I can forward it to my husband?
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.
perfect thanks again
You are welcome.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).