OK, So as a Realtor we are only allowed to fill in the blanks on pre-printed forms approved by the Florida Supreme Court. I know that and the agents should as well. That being said a Landlord (or a Tenant) may alter or draft any language they both agree upon. The Florida Residential Lease for Single Family Home or Duplex states that it’s only valid for less than one year. But why? Well, I was told at a recent law symposium that the only difference is that in a lease for more than one year the signatures must be witnessed by 2 or more people.
“FS 689.01?How real estate conveyed.—No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party’s lawfully authorized agent, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to, or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party’s lawfully authorized agent, or by the act and operation of law. No seal shall be necessary to give validity to any instrument executed in conformity with this section. Corporations may execute any and all conveyances in accordance with the provisions of this section or ss. 692.01 and 692.02.”
