Jump to content


Photo

roomate - agreement or not ?

florida rental

  • Please log in to reply
13 replies to this topic

#1 D- Lee

D- Lee

    Wheelin' and Dealin'

  • Members
  • PipPipPipPipPip
  • 264 posts
  • Location:orlando

Posted 11 August 2016 - 07:12 PM

Hey guys, 

 

its been a while since ive chatted on these boards. Had to put the lease options down for a season. Im now a homeowner and im planning to lease out a room to an individual whom seems to be a pretty decent person. Despite my positive feelings and him passing a background check, do you guys recommend having him sign a contract to rent my extra bedroom? Im hearing a variety of approaches from friends and family. Some have recommended a simple verbal agreement to eliminate getting courts and such involved. Whilst others have suggested completing a contract so that if the person squats one can file an eviction. What are your opinions? 

 

Dion 



#2 <Steve>

<Steve>

    Wheelin' and Dealin'

  • Members
  • PipPipPipPipPip
  • 2,155 posts
  • Gender:Not Telling

Posted 11 August 2016 - 07:37 PM

Hi Dion-

 

What ever happened to the hand shake?  Verbal agreements are only as good as the paper they're written on. he-said/she-said


  • D- Lee likes this

Just a kid living the dream


#3 MichaelC

MichaelC

    Makes a mean Lasagne!

  • Admin
  • PipPipPipPipPip
  • 11,210 posts

Posted 11 August 2016 - 08:52 PM

Hello, Dion!  It sure has been awhile.  Good to hear from you again.

I wouldn't consider renting to anyone without something in writing, even if it is just a room in my house.  Heck, even if I knew the person.  That opens up doors to all sorts of potential problems.  And if there is a problem of any kind, a written agreement will go a long way toward eliminating that problem in a timely manner.  Not having an agreement could potentially involve the legal system even more.


  • D- Lee likes this

#4 D- Lee

D- Lee

    Wheelin' and Dealin'

  • Members
  • PipPipPipPipPip
  • 264 posts
  • Location:orlando

Posted 18 June 2017 - 11:37 AM

Hey Folks, Happy fathers day Michael, 

 

quick question. my tenant has a son 13 yrs. old coming up from south florida to live with him for a month (my house). our florida residential agreement doesnt state anything regarding damages done by a tenants guests. does florida have a law holding the tenant responsible for his guests damages? if not, can on simply add some verbiage to the agreement? does anyone have suggestions? trying not have to pay for an attorney. 

 

Dion 



#5 MichaelC

MichaelC

    Makes a mean Lasagne!

  • Admin
  • PipPipPipPipPip
  • 11,210 posts

Posted 18 June 2017 - 12:01 PM

Hi,  Dion.  There isn't any need for an attorney.  A tenant is responsible for any damages their guest causes.  It isn't necessary to specifically add an addendum to the existing lease.  However, if it helps you to sleep better, you can write "Tenant agrees to accept responsibility for any and all damages that their guests may cause.



#6 D- Lee

D- Lee

    Wheelin' and Dealin'

  • Members
  • PipPipPipPipPip
  • 264 posts
  • Location:orlando

Posted 19 June 2017 - 05:47 PM

thanks Mike. Does anyone have an extra addendum form they could email? 



#7 MichaelC

MichaelC

    Makes a mean Lasagne!

  • Admin
  • PipPipPipPipPip
  • 11,210 posts

Posted 19 June 2017 - 05:49 PM

Dion, I simply type up a page headed "Addendum", then list the additional corrections/additions that are needed.  Have it signed and dated by your tenant and yourself and it's done.



#8 D- Lee

D- Lee

    Wheelin' and Dealin'

  • Members
  • PipPipPipPipPip
  • 264 posts
  • Location:orlando

Posted 28 June 2017 - 04:36 PM

im a little afraid here. I got my tenant who lives with me to sign an addendum and agreement, but a women at my office told me its needs to be witness by a notary. She says my contract is just a hand shake right now without a witness. She said this is true in Florida. Is this true? 



#9 MichaelC

MichaelC

    Makes a mean Lasagne!

  • Admin
  • PipPipPipPipPip
  • 11,210 posts

Posted 28 June 2017 - 05:01 PM

The woman at your office may be well intentioned, but she is wrong.  I've done hundreds of leases over the years, and who knows how many addendums. None of them required a notary.  A notary is simply a third party, independent witness to the signing of a document.  Someone who can step forward under oath and tell the court that, yes, this individual did in fact sign this agreement in my presence.  While it wouldn't hurt to have any document notarized, it is not a legal necessity for something as simple as an addendum to a lease agreement.  Do you anticipate this person will deny having signed the addendum?  If so, go the notary route.



#10 D- Lee

D- Lee

    Wheelin' and Dealin'

  • Members
  • PipPipPipPipPip
  • 264 posts
  • Location:orlando

Posted 28 June 2017 - 05:05 PM

im mainly concerned about the lease agreement. we didnt have a notary. so one does not need a notary for legal purposes? 



#11 MichaelC

MichaelC

    Makes a mean Lasagne!

  • Admin
  • PipPipPipPipPip
  • 11,210 posts

Posted 28 June 2017 - 05:15 PM

Dion, how long is your roommate's lease?  How long a time period is the addendum?



#12 D- Lee

D- Lee

    Wheelin' and Dealin'

  • Members
  • PipPipPipPipPip
  • 264 posts
  • Location:orlando

Posted 28 June 2017 - 05:25 PM

lease is now a month to month - hes been living here since august of 2016.  addendum was worded to protect damages done to home by tenants guests which is only for a month. 



#13 MichaelC

MichaelC

    Makes a mean Lasagne!

  • Admin
  • PipPipPipPipPip
  • 11,210 posts

Posted 28 June 2017 - 05:32 PM

There is no legal requirement in Florida for a month-to-month lease to be notarized.  The lack of a notary stamp does not have any bearing on the legal enforcement of the agreement, should it be necessary.  Likewise, the addendum.  You're fine.


  • D- Lee likes this

#14 MichaelC

MichaelC

    Makes a mean Lasagne!

  • Admin
  • PipPipPipPipPip
  • 11,210 posts

Posted 29 June 2017 - 09:10 AM

FL law is clear on this:  a lease of less than one year does not require notarization to be legally binding.  






0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users