[RPPTL LandTen] Witness Requirements

[Eric.Rapkin at akerman.com]

I agree with Art, if the tenant took possession, paid rent for 15 months, and enjoyed the benefits of the lease, they're estopped from claiming that the lease is unenforceable for lack of witnesses.  I think there are several cases (probably cited in Art's summer associate memo) that say something like that. Looking forward to eliminating the two witness requirement for Florida commercial leases so that leases can all be signed electronically like in other states.

Eric D. Rapkin
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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Arthur J. Menor
Sent: Wednesday, August 28, 2019 6:05 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Witness Requirements

Harry, you may be aware that the Section is considering supporting a bill to do away with the two witness requirement on leases although I believe this is limited to non-residential leases generally.  I have been working on this effort.  In that regard, we had a summer intern do some research on Florida cases addressing the two witness requirement for leases and attached is the raw work product she produced.

These cases should help you with your present issue.  Tenant should not be able to get out of the Lease.


[cid:image003.jpg at 01D51FA2.FDE2A630]

Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Wednesday, August 28, 2019 5:37 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Witness Requirements

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Question for the group.

2 year residential lease.  Tenant is 15 months in.
Lease signed electronically with no witnesses.
Tenant wants out.

Any case law to overcome the witness requirement of 689.01?

It would be great if we get this law changed.  I would be happy to assist in any way. With electronic signatures, it is really becoming an issue.

Harry

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