How can I proceed to evict my tenant if their lease may be invalid?

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How can I proceed to evict my tenant if their lease may be invalid?

Tenant in FL; I’m in CO.Worked out details with tenant (2 yea. lease). We scanned our signed copy to the tenant, made arrangements via phone and followed up by e-mail that they would deposit 1st and last months, plus send their signed copy of the lease in the mail (since they had no access to a scanner). We agreed upon our receipt of the funds that we would arrange for them to pick up keys from the neighbor. Deposit made, keys picked up, I have e-mail confirmation indicating their acceptance of the lease (which also indicates they will be putting their signed copy in mail same day. However they never did. Is this lease valid?

Asked on April 28, 2011 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the lease has indeed been executed then yes, it is valid.  It seems that all the other components have been met: deposits sent and made.  And I am sure that should you attempt to evict them a signed copy of the lease will materialize for the court proceeding.  Maybe it is a better idea to speak with an attorney in the area (and by that I mean Florida) regarding this matter to help you in obtaining a copy of the signed lease.  If the matter comes down to eviction you are going to need an attorney anyway to help you.  You should not do it on your own from that far away.  Good luck.


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