Mstuart32920, Home Buyer in Cape Canaveral, FL

I purchased a condo that has a tenant, the original owner never collected security deposit or last month rent. Can I legally request this from tenant?

Asked by Mstuart32920, Cape Canaveral, FL Sun May 15, 2011

Condo is located in Florida. Tenant is 16 days late on rent. The seller never collected any security deposit or last month rent. I would like to know if I can legally request this from the tenant after they have occupied the condo for 8 of the 12 month contract.

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8
You can "request" it, but I don't think you can press the matter if they have a written lease. At renewal time, yes. Before that, I don't think so.

However - if they're late on the rent, they're probably not going to have "key money" on hand.

All the best,
2 votes Thank Flag Link Sun May 15, 2011
I agree with Mack, you have nothing to lose by asking, but I'm not sure you can compel it. I've attached a link to the Florida Landlord Tenant Law. Since you have become a landlord, you need to know your rights and responsibilities. You may find out from the previous owner this tenant may not have been paying for some time. It might be good to find out when you can start the eviction process. This can be long and expensive, so starting early with an uncooperative tenant may save you some time.
1 vote Thank Flag Link Sun May 15, 2011
During your escrow, your agent should have presented the tenant with a tenant estoppel statement so that all parties are notified of the status of the current lease agreement and rents and deposits collected by the previous owner and the amounts of them, which should have then been addressed by your purchase agreement contract, to have that previous owner turn over the deposits to you. The estoppel also clarifies the tenant's understanding of their own lease and if the lease is to continue into your ownership of the property.
0 votes Thank Flag Link Thu Dec 20, 2012
ERA Showcase Property Management 321-783-5000
0 votes Thank Flag Link Fri Oct 21, 2011
I see your zip is Cape Canaveral ERA Showcase Property Management, if handling your condo as the management service will handle the eviction problem for you and find you a new tenant and manage your property.
I think you would be very satisfied with them. It is worth the 10% to have them deal with these sort of issues.
0 votes Thank Flag Link Fri Oct 21, 2011
Definitely be familiar with the Landlord-Tenant Act of Florida. You will be able to proceed with more confidence knowing the law. It is strange that Security nor last month's rent was collected. Asking for it can't hurt.

Clearly, if the tenant is already 2 weeks late- chances are batter than not, that they do not have the money to pay not only what is past due, but the additional 2 months as well.

If you are not familiar with the eviction process.... there are firms that provide that service at a reasonable rate. It's far better and safer to engage an attorney that does evictions- more professional and efficient than some of these Wild-West style "eviction mills".

Know the Law and Move Quickly...

❧ MIAMI BEACH REAL ESTATE GUY ✺ WATERWAY REALTY, REALTORS®
0 votes Thank Flag Link Mon May 16, 2011
Make sure you start the eviction process immediately before it goes on for months and you continue to not collect any rent.

If you're not familiar with Florida Landlord tenant law you need to hire an attorney immediately to assist you with eviction. It may only take the notice on the door to spur your tenant into paying you the rent he owes you.

As far as attempting to collect a deposit or last months' rent, you may want to seek legal guidance before you even make a "request". Be very careful about what you put "in writing".

Good luck!
Alma
0 votes Thank Flag Link Mon May 16, 2011
I agree with Mack, you have nothing to lose by asking, but I'm not sure you can compel it. I've attached a link to the Florida Landlord Tenant Law. Since you have become a landlord, you need to know your rights and responsibilities. You may find out from the previous owner this tenant may not have been paying for some time. It might be good to find out when you can start the eviction process. This can be long and expensive, so starting early with an uncooperative tenant may save you some time.
0 votes Thank Flag Link Sun May 15, 2011
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