[RPPTL LandTen] Residential lease with divorcing landlords

[Shane Weaver]

Scott,

I think Sara has little to no chance of winning an eviction. Besides the possibly ironclad payment defense, there are also very strong misrepresentation/estoppel defenses. If it gets beyond the simple fact of payment to Bob, I can't imagine a judge would find it's a tenant's job to figure out joint landlords' divorce situation or verify with one what the other says. 

In light of Sara's reaction, I definitely would make future payments payable to both landlords as per the lease and at least tender them. It would not be a good idea to non-tender them in the hope of depositing them in a later eviction.

Sincerely,

Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885
________________________________________
From: landten-bounces at lists.flabarrpptl.org [landten-bounces at lists.flabarrpptl.org] On Behalf Of Law Offices of Scott A. Frank [sfrank at saflaw.com]
Sent: Thursday, May 10, 2012 8:39 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Residential lease with divorcing landlords

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<mailto:sfrank at saflaw.com>
www.saflaw.com<http://www.saflaw.com/>

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