0

A Landlord had a tenant in her Florida condo with a lease expiring on 2/28/22. The Landlord was 88 and in her final stage of life. Death occured on 3/17/22. Landlord was not able or willing to sign lease renewal--even under pressure by agent.

Tenant had an addendum A--stating:

Owner and tenant agree that the tenant will have the option to renew the lease for an additional year with the rental amount to increase no more than $100.00 per month.

Trustees of landlords estate gave tenant a "Notice to vacate." It was mailed on 4/4/22, and received 4/11/22 certified mail. We offered 60-90 days to vacate so as to accommodate tenant adequate time to vacate.

The condo is in a trust with Co-Trustees. The Trustees are Certified. Tenant has obtained legal counsel to enforce addendum. She believes addendum guarantees lease renewal, thought the intent was to lock-in a minimal rent increase, due to the fact the comparable condos rent for $5,000.00/mo, not $3,000.00.

Tenant had option to renew, and rent increase was not negotiable, but capped at an, "increase of no more than $100.00 per month". Landlord did not renew lease. Trustees need to sell asset to settle estate taxes due 1/17/23.

Does Addendum A legally force & bind the estate trust to sign a lease against the better judgment of Trustees?

1 Answer 1

1

That is going to depend on the full lease, but from the quoted provision it would seem that the tenant does indeed have the option to renew, and the trustees probably are obliged to grant a renewal on request. I will update this answer after lookign at the specific Florida law.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .