Can You Sue a Guardian or Estate for Lease Issues in Florida?

Question from Dubbie, Can You Sue a Guardian or Estate for Lease Issues in Florida?

Answer from AI:

When dealing with a situation where a lease is deemed defective and an eviction has resulted in a loss of income, it’s natural to wonder about the legal remedies available. In Florida, as in other jurisdictions, the specifics of the case will determine the legal course of action. Here are some general guidelines to consider:

Understanding the Role of a Guardian in Property Transactions

A guardian is someone appointed by the court to manage the affairs of a person who is unable to do so themselves, known as a ward. When a guardian signs a lease on behalf of a property owner, they are expected to act in the best interest of the ward.

• If the guardian acted within the scope of their authority and followed all legal requirements, it might be challenging to hold them personally liable for the defective lease.
• However, if the guardian acted negligently, fraudulently, or outside the scope of their authority, there may be grounds to sue them.

Suing the Estate for Lost Revenues

After the property owner’s death, their estate becomes the responsible entity for their debts and obligations, including those arising from legal disputes.

• The estate can be sued for breach of contract if the lease was valid and the eviction was wrongful.
• It’s important to file a claim against the estate promptly, as there are time limits for creditors to assert their claims during the probate process.

Steps to Consider

1. Review the lease agreement to understand the terms and conditions, and identify any breaches.
2. Collect evidence of the loss of income and any other damages incurred due to the eviction.
3. Consult with a real estate attorney to assess the validity of the lease and the actions of the guardian.
4. If advised, file a claim against the guardian or the estate in the appropriate court.

When to Seek Legal Advice

Legal advice is crucial in such cases, as the complexities of guardianship law, contract law, and probate proceedings can be challenging to navigate without professional assistance. An attorney can help determine:

• The likelihood of success in a lawsuit against the guardian or the estate.
• The appropriate legal strategy to pursue.
• How to navigate the probate process when dealing with an estate.

Self-Help Resources

For those seeking more information, the Florida Courts website provides resources on guardianship. Additionally, the Florida Bar offers a consumer pamphlet on the rights of tenants and landlords, which may be helpful.

Conclusion

While it is possible to sue a guardian or an estate for issues arising from a defective lease, the specifics of each case will determine the appropriate legal action. It is strongly recommended to consult with a legal professional to understand your rights and the best course of action for your particular situation.