If my sister and I were given a condo buther name is not on the lease, is this enough to make the lease invalid?

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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 9 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.


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