By: Clark, Campbell, Lancaster & Munson, P.A.
A: When entering into a residential lease agreement, tenants may consider having one or more occupants not sign the lease. This issue often arises because tenants think it is unnecessary for all of them to sign, some tenants do not anticipate remaining in the residence for the entire lease term, or because a tenant’s credit may impact his or her ability to be approved. Tenants should consider the legal ramifications and potential costs of signing or not signing the lease.
Each tenant who signs the lease is bound by the terms of the lease and is liable for all rent due under the lease. Tenants who occupy the residence but have not signed the lease may not, depending on the lease terms, be liable for rent. If a non-signing tenant refuses to contribute, the signing tenant is still responsible for the rent, and the landlord is likely to pursue the signing tenant, and not the non-signing tenant, for that rent.
If the lease does not specifically provide that the non-signing tenants may reside in the residence, those tenants may be staying in the residence illegally. If the illegal tenants fail to leave upon the landlord’s demand, the landlord typically has the right to terminate the lease and evict all tenants, regardless of whether they have paid rent.
Finally, a non-signing tenant’s rights to remain in the residence are subject to the rights of the signing tenant. Depending on the lease or other agreements between the parties, the signing tenant may be able to evict the non-signing tenant. Non-signing tenants should consider his or her rights under the lease and whether it would be prudent to enter into a separate agreement with the signing tenant that sets forth the terms upon which the non-signing tenant can stay in the residence.
The February 26th edition of “The Law” will cover Florida dog bite laws and other pet ownership liability issues.