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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37378
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a paying tenant in my property (in Florida) and I just

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I have a paying tenant in my property (in Florida) and I just realized they never signed the bottom of the lease agreement. He is now not paying his rent and I want to evict him what are my rights and can i still sue for the remainder of the lease?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Did they sign any part of the lease indicating that they accepted the term of the lease?
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How long has he been there?
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How long was the lease term supposed to be?
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Thanks
Barrister
Customer: replied 4 years ago.
W
Customer: replied 4 years ago.
He initialed in some spots He's been there for 4 1/2 months The lease is for seven months
From a purely legal perspective, if he didn't formally sign the lease indicating his agreement to all the terms contained in the lease, expecially the duration, I would have to say that he would not be bound under the lease for a set term. In the alternative, he would be considered to be a month to month tenant and either party could terminate with a 15 day notice under FL law.
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If he is in breach, then you can evict him and sue him for up to one month's rent over what he already owes you in rent and damages. But I don't think a judge would allow you to sue him for the remaining 2.5 months if he didn't actually sign the lease.
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Thanks
Barrister
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