[RPPTL LandTen] Legislative Amendment - F.S. Sec. 689.01 - Witnesses to Commercial Leases

[Mike Davis]

As our law Firm represents residential landlords, I whole heartedly support the change.  I agree that most residential leases in large management companies are computer programed to insert a term of one year.  But with the large number of single family homes for lease, those tenants are often seeking longer than one year terms.  The elimination of witnesses would help that market sector.

While most residential leases are one year, I think that the number of residential leases that are over one year is likely more than generally thought.  This is due to several factors.  The most significant is the partial first month.  Many residential landlords end their leases at month end for full month rent collection, turn the rental and then lease it for 12 months plus the prorated turn month.  The prorated month, even if only a few days, means technically the lease is over one year.  I also agree that electronic witnessing is difficult.  In residential leasing, maybe even more so than commercial leasing, the movement is to online leasing with electronic signatures, making it difficult to obtain witness signatures.  Another consideration is that the significance of witness for leases of more than a year is lost on most non-professional landlords and the leases in retail stores or online are used for longer terms without witnesses.  Finally, my experience has been that lack of witness signatures is more of a tenant sword than a tenant shield, usually where the tenant wants to leave midterm without penalty.  As a practical matter for the residential landlord (as opposed to a commercial landlord looking at a significant rent loss), it is usually cheaper for the landlord to find a new tenant and let the old tenant go, than litigate with the old tenant over lease enforcement and damages.

Thus, the residential landlord and tenant would also benefit from the elimination of witnesses.

Mike
Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
F 727-726-7440
mike at mgfdlaw.com
Primary Eservice: eservice at mgfdlaw.com
www.mgfdlaw.com<http://www.mgfdlaw.com/>

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Brenda Ezell
Sent: Friday, July 12, 2019 12:20 PM
To: RPPTL Landlord Tennant Committee <landtencl at lists.flabarrpptl.org>; landten at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Legislative Amendment - F.S. Sec. 689.01 - Witnesses to Commercial Leases

Good afternoon Leasing Committee members and listserv subscribers.

As you may recall, there is a pending proposal to amend F.S. § 689.01 to remove the requirement for witnesses in commercial leases.  Attached for your review and consideration is the proposed legislative amendment, together with a white paper regarding lease witnesses.  We would like to as much input on this proposal from our committee as possible, so I hope you will review this proposal and that you will plan to attend the committee meeting on July 25th at The Breakers, from 2-3pm in Gulfstream 3 to give your input.  You are also welcome to dial in to join the meeting.  The dial in number is on the agenda that was distributed yesterday and is also available on the committee’s webpage.

Many thanks to Bur Bruton, Art Menor and Charles Levin for their efforts on this proposal!

Thanks everyone and have a great weekend.

Brenda

Best regards,

Brenda B. Ezell, B.C.S.

[BCS]

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3560 Cardinal Point Drive, Suite 202
Jacksonville, FL 32257
904.432.3200 (o)
904-432-3201 (f)
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