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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27572
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Florida: If an agreement by email was made to sign a lease,

Customer Question

Florida:If an agreement by email was made to sign a lease, and an addendum would be made to shorten the lease, but the addendum is never signed, is the lease still inforceable.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida, tallahassee
JA: Has anything been filed or reported?
Customer: No, but the lease has been signed but not the addendum.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Thats all. Email agreement for a lease. Agreement to addend lease to shorten lease. Lease was signed but not addendum. Lease had an expiration of three days. What is still enforceable.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 3 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 3 months ago.

Good morning. Why was the addendum never signed? How long after the lease was signed did the parties agree to shorten the lease and before it was signed and accepted, was it revoked? You shared that there was a 3 day expiration, so I am not clear on what they pertained to.

Customer: replied 3 months ago.
The lease had a 3 day expiration for it to be signed. The tenant signed the lease for a year, but the email agreement was to addendim lease for only 5 months. And tenant would sign for addendum. Is any part of lease still enforceable. Tenant did not sign addendum.
Expert:  RealEstateAnswer replied 3 months ago.

If the addendum was never signed, it would not have any legal effect. As such, the original lease would remain in effect, since that is what the parties agreed to. If the tenant and landlord wanted to shorten the lease, the addendum doing so would have been signed and executed and accepted. As such, an argument could be made that the original lease is still in effect and the parties are bound to those terms, if the addendum was never signed.

Customer: replied 3 months ago.
But before any thing was signed it was agreed by email that the lease would be for 5 months, due to the computer not allowing a change on a year lease. Hence the addendum being aggreed to be made.
Expert:  RealEstateAnswer replied 3 months ago.

If the email exchange between the parties, show and support that the lease term was to be reduced, as a direct result of the computer not allowing changes, it could be relied upon and argued and shown to the Judge. The Judge is going to look at the intent of the parties and want to know and understand why the agreements were not manually filled in or scanned and emailed and signed and returned, if there was a problem editing the documents.

Customer: replied 3 months ago.
At this point is anything legally binding?
Expert:  RealEstateAnswer replied 3 months ago.

On its face, the lease would be, since it was signed by all the parties. Moreover, if the parties wanted to shorten the lease, they could and should simply reduce the agreement to writing and have it signed. Without that being done, it can be argued the original lease will control and if the parties intended to shorten it, the addendum would have been signed and executed, reflecting this. From a procedural standpoint, it would not necessarily make sense to use a document that does not reflect the terms and conditions which were agreed to, yet follow it up with an email acknowledging this an then trying to use the email to express the agreement. The Judge is going to hear the arguments from both parties and see what is at issue and if there is evidence to support it and the intent of the landlord and tenant.

Expert:  RealEstateAnswer replied 3 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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