If my sister and I were given a condo buther name is not on the lease, is this enough to make the lease invalid?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my sister and I were given a condo buther name is not on the lease, is this enough to make the lease invalid?
Can my sister evict the tenant if her name is not on the lease?
Asked on August 5, 2011 Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Although you and your sister are of record title owners of a condominium given you both and the property has subsequently been rented, it does not matter if your sister is not named on the lease or did not sign it provided that you did when you owned it. The lease between the tenants and you is a valid lease with your sister as well.
The reason is that under "agency laws" in this country, in all likelihood your were representing your and your sister's interests when the lease with the tenants was entered into. You as a co-owner of the condominium agreed to lease the proeprty. Your acts are considered the acts of your sister under the law.
In the event the tenants fail to pay rent or do some act warranting their eviction, your sister as co-owner of the condominium can initiate eviction proceedings against the tenants.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.