jlwestcott2, Home Owner in Riverview, FL

Can an owner and a tenant enter into a valid 3 year lease?

Asked by jlwestcott2, Riverview, FL Fri Oct 19, 2012

My parents live in a 55 and older community. Have been living on a 1 year lease for 2 years, then last year asked if they could sign a 3 year lease since they have no intention of moving. This most recent lease was signed directly by the owner and my parents, there is no program manager or agent involved. Now the owner is trying to short sell and asking my parents to change their lease to a 1 year lease and telling them the 3 year lease is not valid. They also are not going to allow my parents an exit early clause in the new lease which they had previously allowed in the current lease. Can someone tell me what the real deal is??? Thanks.

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I've looked on the Hillsborough County Clerk of the Court records pages and didn't see anything there. Spoke with my parents last night and they have a Realtor friend who works with an attorney so they will touch base with him on Monday. They are refusing to sign this new lease until the talk to the attorney. I've noticed on the MLS listing, they are saying there is a current lease until October 2013 which is totally false. Either the current lease can only max to a year which would be Jan 2013 or they have until Jan 2015. Think whoever is listing this property should be careful too because they are misrepresenting the property.
0 votes Thank Flag Link Sat Oct 20, 2012
Hi, I didn't receive your text with the address, please re-send: 813-244-9898 Of course I can't offer you legal advice but I can save you a few minutes in looking the property to find liens & lawsuits against the current owner. Most title companies can also do this for a fee but some Realtors may not know where to begin to look. I have bid on foreclosures at the courthouse auctions so I'm familiar with doing a basic lien search.

All the best,
Alma
Alma Rose Kee, PA
Future Home Realty
http://www.SoldOnTampa.com
813.244.9898
0 votes Thank Flag Link Sat Oct 20, 2012
I don't think any Realtor can or should give you the "real deal" on this subject. This sounds like a situation that an attorney should be involved in. I would advise you contact an attorney for what the law stipulates regarding leases.If the property is being short saled it could end up being a can of worms for your parents without having legal representation.
Trudy Province, Prudential Florida Realty
http://www.suncityflorida.net
trudyann@tampabay.rr.com
0 votes Thank Flag Link Sat Oct 20, 2012
Alma, I just texted my parents address to the number you provided below. Thanks. Jennifer
0 votes Thank Flag Link Fri Oct 19, 2012
Email or text the address and I'll do a
quick foreclosure check for you.

All the best,
Alma
Alma Ride Kee, PA
http://www.SoldOnTampa.com
813.244.9898
0 votes Thank Flag Link Fri Oct 19, 2012
They told the owner they wanted to get out when the owner told them of the short sale but of course, the owner was like, no... no ....no that's not necessary. If the contract is binding, then they are obligated for 2 more years (since they've been there for the first year of the lease already). If the contract is not binding then their first year will end Jan 31, 2013. So we are confused. I told them we need a real estate attorney to get to the bottom and find out what the legalities really are.
0 votes Thank Flag Link Fri Oct 19, 2012
The very first lease was drafted by a property manager but signed by the owner and it was a 1 year lease with option to extend. However, all subsequent leases have been signed directly by the owner and my parents. The owner told my parents that her lawyer reviewed the 3 year contract and said there weren't any problems with it, however my parents have no idea if a lawyer actually looked at it or drafted the 3 year language.

Supposedly the owner is still paying the mortgage and of course is telling my parents there is no danger of foreclosure... they are just underwater and trying to get out from under it. Now I don't know if they can short sell just because they are underwater.
0 votes Thank Flag Link Fri Oct 19, 2012
P.S. I'd tell your parents to run if he's in foreclosure and trying to make the lease terms stricter on them. What if it forecloses and landlord has their deposits? It may be time to relocate...
0 votes Thank Flag Link Fri Oct 19, 2012
You should probably speak to a real estate attorney. Realtors cannot legally draft a 3 year lease, we can only draft 1 year - but I know attorneys can draft long term leases - I'm not sure about an owner doing it themselves.
0 votes Thank Flag Link Fri Oct 19, 2012
Sorry meant to say Property Manager not program manager.
0 votes Thank Flag Link Fri Oct 19, 2012
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