Legal Question in Real Estate Law in Florida

My Daughter is a fulltime college student and for the next year has opted to rent an apartment near campus because it is much cheaper than living in the dorm. She asked her father to be the gaurantor on the 12 month lease and he said 'Yes'. He filled out the Guarantor form, had it notarized and faxed it to the Property Management Company and told them and my daughter that he would mail them the original form ASAP. Based on all this she was approved, paid her deposits, and signed her lease. She is supposed to move in August 15th.

She recently checked and found out that he never mailed them the original form and that she would only need to bring it with her on move-in day. She went to visit her father recently and he gave her the original form, she put it away in her suitcase. Then the day before she left to come home he made her give it back.

It seems to me that by agreeing to do this AND by signing and faxing the form to them he has technically entered into a contract with her and perhaps might even still be considered the guarantor of the lease?

Asked on 6/19/13, 8:46 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to seek some legal help. The faxed copy of the guarantor likely cannot be used to make him responsible. His act in taking back the original likely withdrew any assent that he made to the deal. Even assuming he is responsible. her claim would against her father and would require a lawsuit. That would not be a good avenue for anyone. Seek an attorney's help.

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Answered on 6/19/13, 10:03 am

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