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Trust Ownership Florida

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  • Trust Ownership Florida

    This is in Florida. If I am being sued for eviction and the owner of record of the property I rent is a trust can one of the owners of the trust sue me with her name being the only plaintiff or would it always have to include verbage such as agent for, acting for trust or something of that nature? Also, how do I find out if a trust is registered in Florida? As I understand it, if the trust is not registered in the state, it has no standing to bring action in court.

  • #2
    Re: Trust Ownership Florida

    If she is the designated trustee, she can sue. Many times trustees are the trustees to their own estates. They appoint themselves as trustees and name others in the event of incapacitation or death.

    Living Trusts do not need to be "registered" with the state they are made under. They are legal and valid even if they are sitting in a filing cabinet at their home. Of course, they must be signed by the makers and notarized, but that is the extent of it.

    You can go to the Registry of Deeds in the county in which the property is located to look up the deed, and how it was recorded. But that is not the issue. If she rented the property and you entered into a contractual agreement with her, you are bound by that contract. Your only other option would be to check to see if she had obtained a Certificate of Occupancy, but it may not be required in your state.

    You are mistaken in your thinking that the landlord has no cause to bring action based on your logic alone. If you signed a lease, you are under written contract with the landlord, and as such, must abide by it or face eviction. If you breached the contract, you are liable for legal action. The landlord has cause of action if you signed a lease agreement with her and you breached it, for whatever reasons outlined in the contract.

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