[RPPTL LandTen] Witness Requirements

Wed Aug 28 17:09:39 PDT 2019

I'm not sure if there are cases on it (maybe Art's summer associate knows), but I think the general view is that no it doesn't matter, only the landlord's signature needs to have witnesses for a newly created lease (different for lease terminations and other scenarios).  But I think there are some who think that because the landlord has a reversion, there's an argument that the tenant has agreed to convey the premises back at the end of the term, so the tenant is also a party conveying and so witnesses are required.  Would be interested to know if there are cases interpreting that.

Eric D. Rapkin
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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of David Wiener
Sent: Wednesday, August 28, 2019 8:03 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Witness Requirements

I have a related question based on the following hypothetical fact pattern:

  *   Landlord signs lease and has his/her signature witnessed by two witnesses
  *   Tenant countersigns lease - but his/her signature is not witnessed
  *   Landlord (or for that matter it could be the Tenant) repudiate the lease one week later - before tenant takes possession or pays any installments of rent
Here is the question:

Does the lack of witnesses for the tenant's signature even matter, since it is only the landlord that is making a "conveyance" of the leasehold estate?

David J. Wiener, Esq.

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of Arthur J. Menor <AMenor at shutts.com<mailto:AMenor at shutts.com>>
Sent: Wednesday, August 28, 2019 6:05 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org<mailto: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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