The End of the Two Subscribing Witnesses Requirement for Florida Leases

The Florida Legislature changed a law so that two witnesses are no longer needed for a lease of real property. This makes the process simpler and brings Florida in line with most other states. The old law, which dates back to before Florida was a state, required two witnesses for leases longer than a year. This change mostly affects non-residential leases. Governor Ron DeSantis signed the bill into law on June 27, 2020. In Florida, a new law says that you don’t need witnesses to sign a lease for a property. This makes it easier to rent a place and brings Florida in line with other states that got rid of this rule a long time ago. The Florida Legislature has removed the requirement for two witnesses to a lease, which is a good move for both landlords and tenants. This requirement dates back to ancient Rome, but Florida courts have been moving away from enforcing it. In today’s world, with modern technology and transactions, it no longer makes sense to require two witnesses. This change brings Florida into the modern era of leasing law. Early Anglo-Saxon law was very concerned with having witnesses for acts and contracts, especially for property transfers. Having reputable witnesses was really important, and sometimes they were even called on to decide if a property transfer was valid or not. In the past, famous people, including God and saints, would act as witnesses to make a document seem more important. This practice continued in the early United States with state statutes requiring witnesses for property transfers. Even leases required witnesses to be valid. This was originally to prevent fraud, but over time it became more of a technicality. Most states no longer require subscribing witnesses for leases, and Florida has also relaxed this requirement over time. Florida courts have found ways to enforce leases even when the formal requirement of two witnesses is not met. The Florida Legislature has now erased the two-witness requirement for leases from the statute books. The requirement for two subscribing witnesses for leases in Florida has been changed because it was causing more problems than it was solving. It made it difficult to close lease agreements, especially during the pandemic when people couldn’t easily meet in person to sign. The change means that leases no longer need two witnesses to be valid. This is a positive step for the leasing industry in Florida. This text talks about the history of English and Scottish law, as well as some laws in Florida. It also discusses the requirement for witnesses when signing real estate documents in different states. It also mentions some court cases related to this topic in Florida. Arthur J. Menor is a lawyer at a firm in West Palm Beach, and he’s really good at real estate law. Michael A. Muñoz is also a lawyer at the same firm, and he’s great at dealing with business legal issues. They both work hard to help people with their legal problems. This column is from a group that focuses on property and trust law, and it’s all about making sure lawyers are doing their best for the public.

Source: https://www.floridabar.org/the-florida-bar-journal/the-end-of-the-two-subscribing-witnesses-requirement-for-florida-leases/