Jacksonville, FL asked in Estate Planning and Landlord - Tenant for Florida

Q: Can a POA allow for someone to takeover a lease agreement of an apartment?

Basically my friend and her friend live together. Just so happens that the Roommate is the only person on the lease. Her roommate is going to leave the country to return to her home permenantly. the problem is her lease agreement wont be over when she does leave. She wants my friend to sign her name into the lease so she wont have to "break it". I need some council and information to help my friend so she can make the right decision.

1 Lawyer Answer
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Estate Planning Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Technically, yes if a person is POA for the person who is moving out of country then yes that POA can legally sign for and bind the person to a lease. However, a POA cannot add a person to a lease or allow a new person on a lease without the landlord's agreement.

The situation you describe does not quite make full sense. I suggest that it most likely will not work if the moving party is the only name on the lease, then the landlord has to agree to allow new people to add on the lease. If the landlord does not agree the landlord could in theory evict or eject the people in the apartment once the landlord realizes that the tenant has left the area.

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