I signed a year lease beginning in March ’09 and landlord is selling property via short sale. What should I do?
Question by ppmaggoo: I signed a year lease starting in March ’09 and landlord is selling property via short sale. What must I do?
I located out from the very first broker right here in Florida handling the property that owner hasn’t paid mortgage because Oct. 08, amongst several other shady factors. The manager (buddy of owner) of the property is who introduced us to the property/signed/witnessed the lease. Since moving in we loved the place nevertheless we never received a gate code nor did we obtain pool passes and were given excuses. Come to discover out the HOA, according to the broker, is suing him for back payments…the owner claims to have much 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 yet another state.
My gf and I are full time professionals/students and do not have the time to basically up and move out on a moment’s notice. The manager contacted me in April, not even 6 weeks following 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 necessary it for accounting purposes. They did not have the balls to tell me then in April that I had in truth faxed the lease to the broker who initially told me all these facts in order to start off the selling procedure. We perform and go to school and do not have the time to move till August. We Pre-paid 5 months’ rent upfront and paid a security deposit for the last month’s rent in order to obtain a “free” month.
Essentially I see it as the owner has my funds or spent my cash, hasn’t created a mortgage payment, is in difficulty with HOA and is acting as if I ought to cooperate fully to sell the property…strangers in my home, continually keeping the place up 100%, making arrangements for our dog to be elsewhere in the course of showings, and not being aware of what the future holds.
What burns me up the most is that I feel the owner and manager knew their intentions from the starting and should have mentioned they wish to go on a month to month basis due to the reality that the owner may possibly sell the property at any time…at which point I would have stated no thank you and walked away.
I signed a year lease, negotiating five months’ rent + security deposit upfront with monthly rent payments to begin in August. If the spot sells, I do not want to pay for moving expenditures…I’ve only been here 2 months. I do not want to sign an additional year lease from the date of sale right 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 price a lot more monthly.
The broker I originally spoke with stated he is unhappy with all the details that he has in front of him and does not wish to do organization with the owner. Broker stated he will only do enterprise with the owner right after he has a signed paper stating that I am pleased with an agreement b/w the owner and I. The broker then stated the owner signed a contract with the broker’s agency and can not do anything with the property for a year???(Is that accurate?)
I was just contacted yesterday by yet another broker from another agency wishing to place a lockbox on my door, take photos and schedule showing dates…have not called back yet…do not know what to say.
I have contacted and am waiting to hear from an lawyer but I do not believe I could afford nor have the time for that and is it truly worth it? I would enjoy to have some leverage so when I am prepared to leave I can negotiate financially, getting compensated for the serious inconvenience/moving expenses and get our deposit back with out thinking this guy would attempt 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 do not want to commence paying this grease ball monthly rent in August if it’s going straight into his pocket and has been a discomfort since day 1.
-Confused and Frustrated
Greatest answer:
Answer by Savoir Faire½ Eggroll Jenkins ™
Good book…..stay place in your apartment unless somebody tells you otherwise.
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