Are Witnesses Really Needed for a Long Term Business Lease?
So there are two lines at the end of the lease for two witnesses. But no one is around when the tenant comes to sign the lease. Should the tenant just sign or wait to find two witnesses for a long term business lease?
This is a situation a lot of landlords find themselves in. After a long or maybe short negotiation with the tenant, the final execution becomes an issue. Provence says to wait for the witnesses, but what about the law?
Florida has a state Statute that says that a commercial lease must be signed and two witnesses must sign as a witness to the landlord’s execution. Thus the starting point is there should be two witnesses to the lease signing. However, there is Case Law in Florida that allows for possible exceptions. It may be applied where the landlord and tenant have acted in furtherance of the incorrectly witnessed lease, such as the tenant taking possession and paying rent. This performance exception has some limitations and requirements. Whether it is applicable is made on a case-by-case basis.
The Eviction Law Firm
We offer the most effective and efficient residential and commercial 
tenant eviction legal services in South Florida.
Attorney Kevin H. Fabrikant supervises our landlord-tenant evictions since 2000, for apartment complexes, real estate managers, and individual landlords. Tenants who do not pay rent can cause financial strains upon landlords. Furthermore, creating substantial problems for landlords and other tenants on the property. Our goal is to remove as soon as possible those tenants who are not complying with their leases, being extremely meticulous with the legal eviction procedures at an affordable fee. Experience and conscientious efficiency are how we meet our goals of completing each eviction case within 30 days.
We are a full-service transaction and civil litigation Law Firm serving all of Florida. For more information, call us at 877-573-8428
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