I signed a year lease beginning in March ‘09 and landlord is selling property via short sale. What should I do?
I found out from the first broker here in Florida handling the property that owner hasn’t paid mortgage since Oct. 08, among many other shady things. The manager (friend of owner) of the property is who introduced us to the property/signed/witnessed the lease. Since moving in we loved the place however we never received a gate code nor did we receive pool passes and were given excuses. Come to find out the HOA, according to the broker, is suing him for back payments…the owner claims to have less than $50 in bank account in the notes obtained by the broker from the lender???And the owner is back and forth out of the country and the manager up and left on contract work in another state.
My gf and I are full time professionals/students and do not have the time to simply up and move out on a moment’s notice. The manager contacted me in April, not even 6 weeks after moving in mind you, stating she was out of town and needed me to fax a copy of the lease to the owner b/c he was away and needed it for accounting purposes. They didn’t have the balls to tell me then in April that I had in fact faxed the lease to the broker who initially told me all these facts in order to start the selling process. We work and go to school and do not have the time to move until August. We Pre-paid 5 months’ rent upfront and paid a security deposit for the last month’s rent in order to receive a “free” month.
Basically I see it as the owner has my money or spent my money, hasn’t made a mortgage payment, is in trouble with HOA and is acting as if I should cooperate completely to sell the property…strangers in my house, constantly keeping the place up 100%, making arrangements for our dog to be elsewhere during showings, and not knowing what the future holds.
What burns me up the most is that I feel the owner and manager knew their intentions from the beginning and should have said they wish to go on a month to month basis due to the fact that the owner may sell the property at any time…at which point I would have said no thank you and walked away.
I signed a year lease, negotiating 5 months’ rent + security deposit upfront with monthly rent payments to begin in August. If the place sells, I don’t want to pay for moving expenses…I’ve only been here 2 months. I don’t want to sign another year lease from the date of sale here or elsewhere…it will keep me here longer than expected. I don’t want to sign a six month lease elsewhere b/c it cost more monthly.
The broker I originally spoke with stated he is unhappy with all the facts that he has in front of him and does not wish to do business with the owner. Broker stated he will only do business with the owner after he has a signed paper stating that I am happy with an agreement b/w the owner and I. The broker then stated the owner signed a contract with the broker’s agency and cannot do anything with the property for a year???(Is that true?)
I was just contacted yesterday by another broker from another agency wishing to put a lockbox on my door, take pictures and schedule showing dates…haven’t called back yet…don’t know what to say.
I have contacted and am waiting to hear from an attorney but I don’t think I could afford nor have the time for that and is it really worth it? I would love to have some leverage so when I am ready to leave I can negotiate financially, being compensated for the severe inconvenience/moving expenses and receive our deposit back without thinking this guy would try and take me to court for breaking a lease….OR do I have nothing to worry about in the state of Florida and the new owner HAS to uphold the lease OR if the property goes into foreclosure WILL the bank uphold the lease? I don’t want to start paying this grease ball monthly rent in August if it’s going directly into his pocket and has been a pain since day 1.
-Confused and Frustrated
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Filed under: Rent Property
Het boek van Nice ….. blijft gezet in uw flat tenzij iemand u anders vertelt.
I eerlijk didn' t las uw geheel ding, omdat goed, het lang was.
Als het huis bij korte verkoop wordt verkocht, moeten de nieuwe eigenaars de huur houden. De enige manier een huur geledigd is is als de bank het huis neemt.
Als u op maand aan maand bent, moeten de nieuwe eigenaars slechts u 30 dagbericht geven vrij te maken. (Tenzij meer bericht in uw huur wordt vereist)
De nieuwe eigenaars zullen verantwoordelijk voor uw storting, zijn en zullen beginnen verzamelend huur van u de tweede maand zij het bezitten. De eerste maand is over het algemeen prorated in de verkoop.
U MOET uw huidige eigenaar betalen tot de plaats wordt verkocht en de nieuwe eigenaars komen huur verzamelen.
Like the others, I didn’t read it all, but it seems to me there’s a pretty simple resolution for you that the Properties Manager suggested, but spend a few bucks, call your local bar association for a real estate attorney consultation and you can probably get one for under $100. In most of the states I am familar with, the new owner is going to take subject to the lease, provided it is properly recorded in the district…In which case the chance of sale is probably lessen significantly…but that may raise some other problems..
The Cheap Seats are fine opinions on which processor to choose for your new laptop…but you really should try get some expert advice on this one..
Few observations:
1. In a short sale, since its is not a legal court process, the new owners must honor your lease, but you have the fact you pre-paid five months, hopefully you have proof of payments and should notified any potential buyers of this fact, also the new owners would be responsible for the security deposit as well
2, If the lender goes through the legal process and forecloses on the property you are out of luck, the bank takes the property: your lease, your pre-payments, your security deposit are not the legal problems of the lender but you must seeks recourse against the old owner in small claims, but if the place is foreclosed upon good luck on getting those monies back
3. In regard showing the unit, first hold the real estate agent to proper notice to show unit, look up Florida law but its usually 12/24 hour notice must be given before a real estate agent can show the property, if the agent fails to give proper notice you are well within your rights to refuse entry at that time
May I suggest you keep a log, of dates and times agents request and dates a time and name of agents who refuse to follow Florida statute of reasonable notice to show the unit
The lease is a temporary transfer of certain property rights from the landlord to you the tenant, as such, the landlord can not require you to leave the house to show it, the landlord can not require you to remove the dog to show the unit, the landlord can not require you keep the place spotless to show the unit
As toward the lock box, I would fight it, I would informed the agent if they seek to install the lock box you will hold that agent personally liable for any actions by any other agents that use the lock box, if you find an agent in your house without proper notice given to you not given to the landlord you will call the police and have them issue a trespassing charge against the agent , as toward pictures tell the agent you refuse to give permission to use any pictures that contain personal items of yours in listing the home
in florida the agent / broker has to allow you 24 hours notice before they show the house. of course if you agree, they can come sooner.
i would start with the local real estate board as the initial agent you worked with probably had knowledge of the property being behind on the mortgage and they did not inform you.
as for the pre paid months, i would go find the agent and or owner beat the stuff out of them and get what you can back. you may loose out on any months that they are still behind on to you. make certian to get your records of the prepay to the bank to have them put into the expenses to hopefully have them include it in their loss.
seriously bury the rental agent with the local board.
Ik las eigenlijk de volledige post!
Ik ben een vergunning gegeven onroerende goederenmakelaar in Californië en doe bezitsbeheer evenals specialiseer me in korte verkoop en verhinderingen.
Er zijn zo vele dingen verkeerd met deze situatie. Ga naar hud.gov en zoek uw lokaal eerlijk huisvestingscentrum. Zij behandelen kostenloos de geschillen gewoonlijk van de eigenaarhuurder en kunnen u advies geven dat op uw staatswetten wordt gebaseerd.
Tot dusver zou ik proberen om geldrug te krijgen en mijn verlies te minimaliseren.