Foreclosure in 33647>Question Details

Ladibugg069, Other/Just Looking in 33647

I moved into a place a year ago after the owners first told me they were going to sell it then they called me

Asked by Ladibugg069, 33647 Mon Jul 6, 2009

back offered it to me and said i could have it i told them over and over i would only move in if it was for long term i have children cant move in a year if they decide to sell they said no problem we are keeping it. Now exactly a year later my Lease was up on May 31, 2009, they say they cant get help and need to sell it. So I have no Month to month and no lease. The house is for sure listed for a short sale and I believe on the MLS listing. My question is do I have to continue to pay them rent when I have not MTM or lease?

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Answers

5
Your committment to a lease agreement and the fact that the landlord may not be paying their mortgage are mutually exclusive. Therefore, if you choose not to pay your rent while under a lease agreement, the landlord could evict you.
0 votes Thank Flag Link Sat Apr 14, 2012
The landlord is still the owner, even if he isn't paying his mortgage. If you don't pay him, he can evict you.
0 votes Thank Flag Link Sat Apr 14, 2012
From the Florida Statutes, the landlord is required to put your deposit money in a separate account at a bank for your benefit:

(a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord;

I would ask for proof of the deposit. If they cannot provide proof, it's possible they have already spent your deposit!

Also because of scams going on with short sales, make sure the person you are paying your rental checks to is actually the owner! Input your address here: http://www.hcpafl.org/

The address lookup is on the upper right of the web page.

Bottom line... you need to find a new place to live asap. Or... if you don't mind the inconvenience of having to let house be shown by Realtors to buyers, you may be able to negotiate a significantly lower monthly rent. Then you can save that money towards your deposit for your next rental--unless you can qualify for a first time homebuyer program.

I have a client that is getting $35k in downpayment assistance to buy a house. She will own her nice house in a nice neighborhood for less than paying rent!

New Tampa has many bargain priced homes that you actually may be able to buy.

Hope this helps you.

All my best,
Alma
Alma Rose Kee, P.A.
Charles Rutenberg Realty, Inc.
813.244.9898
http://www.SoldOnTampa.com
0 votes Thank Flag Link Mon Jul 27, 2009
If the owner is in the process of short selling the home, you need to start looking for another home to move into immediately. You are going to have to move sooner or later so you may as well get it over with as soon as possible. I doubt you will get your deposit back on the home if you put one down. When looking for a new home to rent, try to make sure the owner is isn't behind on their mortgage payments. The owner, of course, may or may not be honest with you, but a good bet is to rent a home the owner has owned for more than a few years. You can check out when the owner purchased the home on your local property appraiser website. Also check out the tax records to make sure their taxes are current.
Good luck!
0 votes Thank Flag Link Mon Jul 13, 2009
Hi,
Yes, you have to pay your lease because although you do not have a written lease it is already understood that it is a month to month situation.

I hope your situation is rectified and good luck.
0 votes Thank Flag Link Mon Jul 6, 2009
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