[RPPTL LandTen] Voidable lease?

[Anthony J. Horky]

Hello Members.  I am seeking your opinion and any case law that you may
direct me to regarding the below question.

 

Facts:

 

2 people own a single family home as tenants in common ("TC1" and "TC2",
respectively) .  TC2 has right to possession pursuant to Marital Settlement
Agreement.  TC2 enters into a lease agreement with a 3d party without the
knowledge or consent of TC1 at well below market value and surrenders
possession to the tenant and pays TC1 none of the rent proceeds.  TC1 did
not sign the lease.  Ultimately, TC2 deeds the property to TC1 who wants
tenant out/lease terminated.  

Question:  Does TC1 have a right to void that lease?   

 

Regards, 

 


 

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.989.3204                    

 <http://www.horkylaw.com> www.horkylaw.com

 


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