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JBaxLaw
JBaxLaw, Lawyer
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I realized that in my leasing agreement (I am the landlord),

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I realized that in my leasing agreement (I am the landlord), not in the agreement with the broker, it says it that if I renew the lease with my tenants I have to pay the broker a month comission. I am not sure if it is valid since they put that in the leasing agreement which is not signed by them, it is signed only by the tenant and landlord (me)., however on the agreement I signed with them to find a tenant for me it says that I have to pay them 5% commision if I sell the property to the tenants.

Do I have to pay them any renewal commision if my tenant wants to continue rentinf on a month by month basis?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  JBaxLaw replied 11 months ago.
Hello,

I am a professional here to assist you. I appreciate your use of this service. The Florida Real Estate Commission requires the agent's fees for the rental to be written in the agency agreement you sign with the agent, not the lease. The agent can only charge you the fee listed in that agency agreement. Without the fee listed in the agency agreement, the agent cannot force payment if a tenant renews a lease on a month-to-month basis.

Please take a moment to leave a positive service rating. I would appreciate it. I rely on these ratings to provide this information. Please follow-up as needed.

Thank you
Customer: replied 11 months ago.

Hello Sir,


 


Thank you so much, I like your answer it is very clear. However, if it happens that I didn't read correctly the agreement with them (broker/landlord) and somewhere on those little letters it says that I have to pay them renewal fee, can I create an adedum to the lease saying we will do a month to month lease? Would this adendum help to avoid this commission to the broker or not?. Sorry but I don't have the agreements with me now, they ar at home.


 


I am almost sure I read all the agreement broker/landlord and I didn't see anything, but I am little concerned why they did put it in the tenant/landlord.


 


Thank you for your help.

Expert:  JBaxLaw replied 11 months ago.
If an agency agreement states there is a requirement to pay a fee only if a year lease is renewed for an additional year, then no fee would be due for only a month-to-month renewal term. You would need to read the agency agreement to see the terms of when a payment to the agent is due.

Please do not forget to take a moment to leave a positive service rating. I would appreciate it. I rely on these ratings to provide this information. Please follow-up as needed.

Thank you
JBaxLaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 11311
Experience: Experienced Real Estate Attorney! How may I help you?
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