[RPPTL LandTen] Residential lease with divorcing landlords

[Eric Jacobs]

I think the defense is a slam dunk.

Sent from my iphone


On May 10, 2012, at 8:40 AM, "Law Offices of Scott A. Frank" <
sfrank at saflaw.com> wrote:

Here’s the situation:  Landlord is listed on lease as Bob and Sara Smith.
Tenant has always made checks payable to “Bob and Sara Smith” and mailed
them.  Earlier this month, Bob brought the uncashed May rent check to the
house and asked for a replacement check.  He told the tenant that Bob and
Sara were divorcing, and that the house was staying with Bob.  He showed
the tenant a recorded quitclaim deed from Sara to Bob.  He also told the
tenant that Sara had left the country to go home.  With the deed as
evidence, the tenant wrote the check to Bob alone.   The next week, Sara
came to the house screaming for her rent.  The tenant told her he had paid
Bob.  She did not accept the explanation (although there is a language
issue as well, so I cannot guaranty how much she understood).  She came
back 2 days later screaming again.



Tenant is now nervous that she may try to serve a three-day notice.  If and
when she does, I know that the obvious defense is one of payment, but I
would like to hear from some of the residential eviction pros out there as
to how strong the tenant’s defense will be, or if you think she actually
has a shot at eviction if he doesn’t pay the rent again.



And with respect to June rent, my inclination is to advise him to write the
check jointly, unless he receives written instructions from both of them
otherwise.  While I would not put it past the husband to forge the wife’s
name, at least in that instance it would not be the tenant’s problem.  Any
thoughts on that issue as well?



As always, thank you for your insight.





*Scott A. Frank*

Attorney at Law

*LAW OFFICES OF SCOTT A. FRANK, P.A.*

7781 NW Beacon Square Boulevard, Suite 102

Boca Raton, FL 33487

p:  (561) 372-7860

f:  (561) 423-5721

sfrank at saflaw.com

www.saflaw.com



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